The Italian Competition Authority has sanctioned some gas and electricity suppliers for a total amount of 12.5 million euros. The fines amount to 5 million for Eni gas and electricity, 4 million for Enel Energia and 3.5 million for Sen – National electricity service. At the basis of the provision is the rejection by the companies of the prescription requests presented by consumers for non-payments due to late billing.
The Authority thus closed the investigation proceedings initiated against Eni gas and electricity, Enel Energia and Sen, assessing the rejection of the prescription requests, in the absence of suitable elements to demonstrate the responsibility of consumers in the late payment of bills.
Consumer associations asked the three companies for the refund of the amount already paid and the apologies public by the managers of gas and electricity supplies.
Prescription for overdue bills: what the law says
The budget law of 2018 introduced the possibility for consumers to request the two-year prescription of the amount due to operators in the energy sector for multi-year consumption of gas and electricity billed overdue. The only exception envisaged is that of the “ascertained responsibility” of the users themselves.
Following the entry into force of the law, many have reported to the Antitrust Authority that the three companies have not accepted the two-year prescription requests, with the request for payment of the credits they have claimed.
Because Eni, Enel Energia and Sen were fined
In thousands of cases Eni gas and electricity, Enel Energia and Sen would have charged users with the responsibility for the failure to read the meters, in the face of reading attempts by the supply service operators. However, not only would these attempts not be documented, but they would often be denied from consumer evidence.
During the conciliation, users have in fact documented the accessibility to counter o la presence in the home of the owner of the user, of a family member or of the building porter to welcome the employees of the companies and to allow the reading of consumption in the days of the alleged attempts.
Eni gas and electricity was fined 5 million euros, on maximum edictal, because of largest number of prescription requests rejected in relation to the number of applications presented by consumers. To aggravate the position of the company, the Antitrust explained in a press release, also the recidivism in the matter of misconduct relating to the prescription.
During the proceedings it also emerged that much Enel Energia how much National Electricity Service they would have charged immediately the amounts invoiced subject to prescription to users who had chosen bank and postal domiciliation or the use of a credit card as payment, ignoring the prescription request or communicating the rejection only following the debit.
Pursuant to art. 1, paragraph 4, of budget law 2018, number 205 of 2017, and as a result of the Authority’s resolution, users have the right to obtain reimbursement of payments already made within 3 months as an undue adjustment.
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