[:sk].[:en]The Constitutional Court: „The laws also apply to URSO!“
The Constitutional Court in Košice today after more than two years, decided on the unconstitutionality of payment for access to the distribution system, called. G – Components and charge shall be abolished. The application is filed on 03/12/2014 almost a third of parliament deputies from all the opposition parties, in cooperation with more than 30 industrial enterprises, which represented the Slovak Association of Photovoltaic Industry and RES (SAPI), in response to the decree no. Z.z. 221/2013 issued by the Regulatory Office for Network Industries.
The Constitutional Court in Košice today at a public hearing held in the biggest case in the history of the electricity of the Slovak Republic in favor of the proposals submitted by 45 MPs from all opposition parties in cooperation with more than 30 industrial companies represented SAPI. MPs attacked the Decree of the Regulatory Office for Network Industries no. 221/2013 Z.z. on price regulation in the electricity sector, which introduced payment for the reservation of capacity for electricity in the lead. Submission to the Constitutional Court contain up to 317 arguments that the Constitutional Court managed to persuade the unconstitutional regulations issued by RONI.
The decision of the Constitutional Court is crucial not only for the Slovak industry but also for the Slovak Association of Photovoltaic Industry and RES (SAPI), which was established 6 years ago in order to protect producers of green energy and a healthy, stable business environment. With today’s victory at the Constitutional Court of the Slovak Republic, symbolically at the time of the summer solstice, SAPI prove this fundamental turning point in the Slovak energy sector that is able to protect producers of green energy before the arbitrariness of governments and regulators.
A payment of up to 1.1.2014 is related only to consumers and serve to ensure that all components of the electrical system, if appropriate, to deliver the maximum amount of electricity. In 2013, however RONI decided to introduce a fee for electricity producers and, to a single connection pays twice and despite the fact that a large proportion of producers access to the system and does not use or benefit. The fee was introduced by 1.1.2014 and its amount depends on the installed capacity. The device for the production of electricity with an installed capacity of 1 MW and the annual amount of G-component amounts to approximately 20 000 EUR. Based on today’s decision of the Constitutional Court as electricity producers who do not have a contract on access to distribution system, not only will not have to pay a fee, but will be able to claim the refund of payments already made.
The oral hearing took place at the Constitutional Court of the Slovak Republic in Kosice at the request of the Regulatory Office for Network Industries. RONI However, the hearing did not justify the court. „Today’s decision of the Constitutional Court is very good news for all those who do business in the energy sector. Constitutional Court decision is a clear warning to RONI that in their activities must strictly observe the Constitution and laws and must not exceed its powers. The Constitutional Court ruled that the charge that electricity producers are required to pay more than two years never be a part of our legal system, „explains Pavol Polacek, lawyer and partner of the law firm Semančín POLÁČEK by a group of deputies representing the Constitutional Court.
„For the Slovak Energy is Today’s decision by the Constitutional Court and disruptive for all of us at the same time confirming that we live in a legal state. They expect the improvement of the business environment and better conditions for producers of green energy, which on the one hand supported by the EU, but on the other hand have to overcome, often senseless obstacles stemming from domestic laws, „informed Veronika Galeková, director of the Slovak Association of Photovoltaic Industry and RES. „Today’s victory is therefore a fantastic achievement for the Slovak energy sector and is also a victory for all of us, as Slovakia moves closer to energy independence and a healthy environment,“ said Veronika Galeková.[:]