AGCM

The Italian Competition Authority (“ICA”) closed five investigative proceedings initiated against as many companies dealing in the supply of energy services, such as A2A, Green Network, E.ON, Edison and Sorgenia, imposing sanctions for a total of over € 900,000 euro, for the violation of Art. 62 of the Consumer Code.

The ICA verified that, since 13 June 2014, date of entry into force of the new regulations, the said companies have asked consumers to pay a fee from 1 to 4 euros in relation to specific invoice payment methods (e.g., postal order or credit card).

The ICA considered that, in all the cases examined, the imposition of this fee was in contrast with Art. 62 of the Consumer Code, which provides for a general prohibition to impose additional charges on consumers for the use of certain payment instruments. In the absence of express regulatory provisions, it is therefore not allowed to charge consumers for any cost connected to the payment instruments used, in whichever way.

Rome, 6 October 2017