On 06.11.2015 the Supreme Cassation Court issued a Ruling in a court case, initiated and led by Law Firm McGregor & Partners, regarding the return of the access fee, paid by a producer from renewable energy source to Energo-Pro Mreji AD, which price was determined with Decision № C-33/14.09.2012 of State Energy and Waters Regulatory Commission.
With its Ruling the Supreme Cassation Court admitted for the first time cassation appeal from a RES producer of a decision of the Appellate Court ruled in favour of a distribution company. So far the practice of the Supreme Cassation Court on identical cases has been based on cassation appeals brought by the electricity companies, i.e. on cases won by the RES producers at the second court instance. In the last couple of months, however, Varna Appellate Court has been deciding the cases under Decision № C-33 in favour of the distribution company that led to more cassation appeals having been brought by RES producers. The Ruling of 06.11.2015 is beneficial for the RES producers as the Supreme Cassation Court will consider and decide on the merits upon the submitted arguments for unlawfulness of the decision of Varna Appellate Court.
With its Ruling the Supreme Cassation Court finds that there is no mandatory case law and clear legal framework regarding the issue being substantial for the resolution of the case – this for the temporal effect of the decision of the Supreme Administrative Court, by which Decision № C-33 of SEWRC was repealed. It is a matter of time for the Supreme Cassation Court to decide whether or not such annulment is retroactive, which would determine the resolution of many pending cases on the controversial access fee.