PS12397 - Italian Competition Authority: investigation initiated into Enel Energia and Servizio Elettrico Nazionale over two-year limitation period


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The two companies were fined for the same reason in January 2021. The antitrust authority continues its consumer protection action against the non-application of the short-term limitation period requirement

The Italian Competition Authority has initiated new investigation proceedings against Enel Energia S.p.A. (Enel) and Servizio Elettrico Nazionale S.p.A. (SEN), to contest the unjustified rejection of the two-year limitation period requests submitted by users due to the late billing of electricity and gas.

It should be noted that the 2018 and 2020 Budget Laws introduced and regulated the possibility of requesting the two-year limitation period for amounts claimed by operators in the energy sector in relation to the multi-year consumption of electricity and gas billed late, in order to stem the phenomenon of so-called "maxi-settlements".

Despite the fact that in January 2021 the Authority already ascertained this practice and fined Enel and SEN, many consumers have continued to report the non-acceptance of two-year limitation period requests, on the basis of an alleged inapplicability of this procedure due to alleged "recalculations", "revisions" of consumption and "blocking of billing".

Yesterday, the Authority carried out inspections at the premises of Enel Energia S.p.A. and Servizio Elettrico Nazionale S.p.A., as parties to the proceedings, and of E-distribuzione S.p.A., as a third-party company, with the cooperation of the Guardia di Finanza (Italian finance police).

Rome, 30 September 2022