The Authority intervened to enforce the correct application of the two-year limitation period that consumers can assert from 1 January 2020

From 1 January 2020, the regulation of the two-year limitation period (or short limitation period), introduced into our legal system by the 2018 Budget Law, also applies to water services. Therefore from that date, consumers can invoke the limitation period for amounts referring to water consumption dating back more than two years from the issuing date of the bill.

Complaints lodged by consumers and consumer associations as well as the information acquired from the operators under investigation have revealed that many companies active in the water services allegedly did not correctly apply the two-year limitation period. The behaviour reported refers to the failure to accept the limitation period requests on the receivables present in the bill and also the omitted information in the bills about the same receivables that are subject to statutory limitation. According to Resolutions no. 547 of 2019 and no. 186 of 2020 of the Italian Regulatory Authority for Energy, Networks and Environment, operators shall inform users about the receivables that show in the bill, which they can claim that are time-barred and send a specific form to allow them to exercise this right.

According to the Italian Competition Authority, failure to accept requests for a short limitation period appears to be suitable to unduly induce consumers to pay amounts, often large amounts, relating to time-barred consumption and in this way nullifies the effects that the new regulation intends to counteract, namely the late issuance of settlement invoices relating to consumption dating back more than two years. The absence of adequate information on the two-year limitation period may hinder the exercise of contractual rights by inducing consumers to pay amounts which, instead, they could claim that are time-barred.

For these reasons, the Authority initiated five investigations for alleged unfair commercial practices against the companies S.A.S.I. S.p.A. and E.A.S./Sicilian Aqueduct Entity in LCA, and the Municipalities of Ragusa, Cassino and Prata Sannita. In addition, the Italian Competition Authority decided to invite - through moral suasion - the operators ACEA ATO 2 S.p.A., Gori S.p.A., Alto Calore S.p.A., ABC Napoli a.s., Ruzzo Reti S.p.A., AMAP S.p.A. and C.A.M.-Marsican Aqueduct Consortium to take initiatives aimed at remedying the detected omissions of information, in order to enable users to claim the limitation period on these amounts or to request the reimbursement if they have already been paid.

Rome, 7 October 2021