The CNMC fine to Holaluz for violating the law of the electrical sector

The CNMC has fined Holaluz-Clidom with 30,000 euros for failing to obtain the consent of a consumer in the making of a contract. It is a violation of collection

The CNMC fine to Holaluz for violating the law of the electrical sector

The CNMC has fined Holaluz-Clidom with 30,000 euros for failing to obtain the consent of a consumer in the making of a contract. It is a violation of collection in the Electricity Sector Law, which regulates the procurement requirements, and empowerment with clients. The amount is limited to 30,000 euros to be the first time, but can rise exponentially if the company persists.

The consumer was a customer of another marketer, and the claim that he had stopped receiving the bills from your company's usual, had knowledge that their point of supply was being marketed by Holaluz-Clidom and reported to the Department of Economy, Industry and Employment, Government of Aragon, which brought the complaint to the CNMC.

The marketer Holaluz-Clidom made a contract of electricity supply with another consumer, in which consisted the point of supply of the complainant. When warned of the error, the retailer asked the distributor unilaterally, a modification of the agreement for subrogation, without having to do so with the consent of the affected consumer. The complainant has been supplied during a year by a marketer that was not the way that I had chosen and you have claimed the payment of the consumption made.

The CNMC considers that Holaluz-Clidom has failed to comply with the procurement requirements set forth, and which are heard by a part, in the right of the consumer to choose supplier and to enter into a contract of supply; and on the other, in the obligation of the marketer enter into a supply contract according to the regulations in force. In consequence, Holaluz-Clidom is liable for an infringement offence in article 66.4 of the Law of the Electrical Sector, and this behavior results in a fine of 30,000 euros for the company.

The resolution of the CNMC puts an end to the administrative route and Holaluz-Clidom may lodge a contentious administrative appeal before the National court, within two months from the day following that of its notification.

During 2019, the CNMC has fined three distributors, Endesa energía, EDP Energy, and Flip Energy, for failing to conform to the requirements of contracting with the customers. The sum of the penalties imposed rises to 220,000 euros. In addition, it has imposed sanctions for the breach of its obligations in connection with the finalisation of the supply contracts with Endesa energía (€170,000) and Iberdrola Customers (€40,000).

Also, sanctioned Naturgy Iberia for failing to comply with the consumer protections in the gas sector with eur 1.2 million, and for the same reason as in the electricity sector sanctioned Endesa Energy (150,000 euros) and Energy XXI Comercializadora Reference (150,000 euros).

Holaluz since it was sanctioned by the Ministry for the Ecological Transition by not having paid to the distributors that supply the electrical energy they do charge to their users.

Updated Date: 21 January 2020, 15:00

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