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The consequences of a bill opaque: what damage to the consumer?

THE GROUNDS OF SANCTIONS HIGHER AUTHORITY 'FOR ENERGY ELECTRICITY AND GAS MARKET AGAINST IREN SPA AND THEIR POSSIBLE EFFECTS ON USERS OF ENERGY.

with an interesting resolution of February 7 (20/11 VIS), the Energy and Gas Authority sanctioned with six other companies, the IREN MARKET SpA 's use of opaque bills.

In particular, the Authority has determined, by the company that operates in Genoa and Turin, the use of bills for Electricity deficient in some fundamental elements of verification in the interest of consumers, for a long period of time that, depending on the offense, ranging from two to three years.

The most important elements not reported with the necessary transparency, were found to be, depending on the type of contract, the following:

- ; The lack of entries, the macro-items, combinations and names used by the Authority in the amounts invoiced to customers;

- The state also other items not specified by the Authority in drafting the 'synthetic panel' bill, which undermine the clarity and transparency;

- ; Failure to indicate, in bill, the economic conditions of the offer, despite a reminder to those signed in the contract;

- Lack of information, in the bill relating to the annual consumption, the rate of default interest applied if payment is made after the expiration at the end between the stated deadline for payment and activation procedures under the contract in case of default of the customer;

As anticipated, the violations described above have been established for a period of at least two years, if not more.

But apart from the administrative penalty imposed on the Company Ligurian € 84,000 total (which, compared with a turnover of € 745 million, appear very little impact, in order to serve as 'warning' to comply with regulations ...), what is the damage that such failures (severe and prolonged, for thousands and thousands of users) have led to the final consumer?

Being 'transparency', it is clear that any element of the contract in the abstract can be affected by a breach of its rules, but depending on the nature of that factor may be different effects on action to protect consumer.

Basically, we distinguish three means of protection: the cancellation of the contract, cancellation and / or replacement of terms, and compensation for economic damage, whenever that will be certified (even together with the annulment or cancellation of calusole).

The user consumer will indeed seek the annulment of the contract in cases where the violation of the rules of transparency has led to a not sufficient clarity on the fundamental characteristics of energy supply, such as the cost of living ' energy, the conditions of usage (time slots, etc..), or other key features of the service rendered by the Supplier (insertion fees and costs, services, etc.)..

In other words, the user can request cancellation of the contract (in addition to compensation for any damage suffered and demonstrable ) if the violation of the rules of transparency, give rise to uncertainty based on contract terms accepted, or rather, on those who thought of themselves, but then they are distorted because of the attitude revealed little transparency of the Company.

Instead, it might be the case in which, having been notified in non-transparent way, whether individual provisions which, in themselves, are not the core of the service rendered, but which result in limitations or exclusions di diritti da parte dell’utente-consumatore, o comunque riguardano aspetti meno essenziali della fornitura di energia: tali clausole potrebbero ad esempio essere quelle (nell’interesse dell’utente) relative a limitazioni di tutela, inserzione non trasparente di eventuali penali o costi maggiorati, o altri elementi, diciamo così, ‘accessori’ al contratto principale.

In questi casi, l’utente avrà il diritto, oltre ad una eventuale richiesta di risarcimento del danno per quanto pagato in più in virtù dell’inserzione della clausola poco trasparente, a vedersi cancellare tali tipologie di clausole, che così verranno disapplicate per tutto the term of the contract, which will remain valid in all respects.

Finally, there may be cases where the violation of transparency by the Society of Energy, may in specific moments of the contract, for example, see the case, the absence, in bill and not in contract (which otherwise you fall into one of the previous cases), some major items, such as those relating to the consumption annual or late payment fees applicable for late payment.

In this case, to be the subject of censorship will be neither the contract, neither the single clause (the contract), but the misconduct required by the Company in its periodic communications ( bills). Bills that, if they have damaged or otherwise unlawfully determined, with their lack of transparency, the economic choices of the user-consumer, will entitle him to claim financial compensation for the (proven) losses suffered unjustly (application of criminal interest on late payments, increases, etc.)..

And much may be done any time during the business relationship with the supplier company, this does not provide, within its periodic communications, the information that the regulations stipulate.
; Mr. Antonio M. Polito