Press release
It is undeniable that, due to the Covid-19 pandemic, there has been an alarming economic downturn in our country, given that the need to implement measures to contain the contagion led to the forced closure of most commercial activities.
As known, to support businesses during the Covid-19 emergency, the Italian Government has implemented a series of support initiatives, including non-refundable contributions, tax exemptions, tax credits, tax deductions, discounts on bills. The interventions were undertaken in accordance withTemporary European Framework on State Aid (“Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak”). In particular, the law decree of 19 maggio 2020 (c.d. RELATE DECREE DECREE), to the article 30, called into question the Regulatory Authority for Energy, Networks and the Environment (ARERA), to adopt measures to ensure a reduction in the costs incurred by electricity users connected at low voltage, other than domestic uses. The discount on the bills of these utilities should have focused in particular on two cost items: 1) Transport and management of the meter; 2) General system charges. The rationale for the intervention requested from ARERA is justified by the need to lighten the costs of May, June and July 2020.
It deals with, Therefore, of important measures that, if correctly applied, would have allowed the beneficiary to have savings of 30% on every invoice, for the periods of time concerned and expressly indicated. The cost reduction envisaged by the Relaunch Decree should have been achieved through action:
– for all non-domestic customers powered by low voltage, a zeroing of the current fixed quotas, independent of power, relating to network tariffs and general charges;
– for users powered by low voltage with available power greater than 3,3 kW, a redetermination of network tariffs and general charges to further reduce spending, by applying a “virtual” power set in a conventional manner a 3 kW, with no withdrawal limitations.
The subsequent regulatory provision of 22 March 2021, n. 41 (c.d. Support Decree), to Title I, has envisaged a series of interventions aimed at supporting businesses and the economy; in particular, art. 6 of the Sostegni Decree extended the reduction in electricity bill costs for businesses to the period from 1 April – 30 June 2021.
At a premiere, summary, reconnaissance carried out by the Vizzino Law Firm, it does not appear that the aforementioned measures have been widely implemented, so the actual existence of profiles of inaction on the part of the competent bodies and authorities is being assessed; therefore the aforementioned Law Firm recommends that beneficiaries of the benefits carry out a careful examination of the bills received relating to the periods indicated in the aforementioned decrees. Indeed, where government interventions have not been implemented, serious profiles of responsibility would become apparent, especially for ARERA, for having failed in its supervisory duties, and at the same time, hypotheses of misappropriation could arise which need to be asserted in the appropriate forums.
Aware that it is not easy to identify, by those entitled to it, of the application of the benefits established by the aforementioned rules, the Vizzino Law Firm invites the owners of commercial activities, who meet the requirements set out in the provisions indicated above, to send the bills relating to the periods in which they should have benefited from the discounts (maggio, June, July 2020 and April, maggio, June 2021), in order to evaluate the correct redetermination of the amounts according to the indications given in the government provisions.
In case of violations by Arera or by those responsible, relating to the determination of the amounts or the supervision of the correct issuing of invoices, we will not hesitate to formulate requests and complaints to the competent bodies and authorities in order to have illegitimate conduct censured and to have the right to reimbursement of the indebted amounts received recognized.
Lawyer. Emma Virino
Lawyer. Riccardo Vizzino
