The National Authority for Consumer Protection (ANPC) fined Enel 1% of turnover, i.e. 52 million lei (10.4 million euros), because the energy supplier billed customers for consumption at a higher price than was established by law.

According to the results of the control action carried out in mid-September by ANPC commissioners, the following aspects were established:

– invoicing for monthly electricity consumption from February 2023 is not carried out in accordance with current legislation, at the final price of electricity at a maximum of 0.68 lei/kWh, including VAT, if the monthly consumption is from 93 kWh to 100 kWh, but at the final electricity price above 0.80 lei/kWh;

– billing for monthly electricity consumption during 2023 is not carried out in accordance with current legislation, for monthly consumption from 255.01 kWh to 300 kWh, for which the first 255 kWh must be billed at the final price of electricity maximum 0.80 lei/kWh, including VAT, and consumption exceeding 255 kWh must be billed at a price of 1.30 lei/kWh, including VAT;

– invoicing for monthly electricity consumption during 2023 is not carried out in accordance with current legislation, for monthly consumption from 100.01 kWh to 255 kWh, which must be billed in full at the final price of electricity at a maximum of 0.80 lei / kW – hours;

The invoicing method was used in bills issued for electricity consumption starting from 01.01.2023 and valid until today, ANPK representatives explain in a press release.

According to the official point of view of Enel Energie SA, it concerns 303,196 consumption places for January-August 2023 in the category between 19,000 and 44,000 consumption places per month, which caused a loss officially assumed by the economic operator at the cost of approximately 3,536,929 lei per month for the mentioned period.

This fact indicates that up to 44,000 Romanian household consumers have been directly affected by the incorrect calculation of bills by the economic operator since the beginning of the year until now.

According to the ANPK, taking into account the aggravating circumstances discovered during the control action and the fact that the business entity did not take any measures for the benefit of consumers, it is necessary to impose sanctions on the company Enel Energie SA in accordance with the provisions of Art. 16, paragraph (1) GEO 27/2022, regarding measures applicable to end consumers in the electricity and natural gas market, in the period 04.1.2022-03.31.2023, as well as for amendments and additions to regulatory acts in the field of energy, a fine for violation of 1% of the annual turnover of the economic operator, from the fiscal year preceding the sanction, respectively 52,019,254.19 lei (10,403,850.83 euros).

“We also clarify the fact that GEO No. 27/2022 does not provide for additional counter-conventional sanctions, therefore, together with the applied fine, the measure of return of sums unjustifiably charged by the business entity cannot be ordered.

All consumers whose tariff has been increased should contact the business entity directly to return the difference,” the message reads.