Tuca Zbarcea & Asociatii has represented Egger Romania in a dispute over undue charges by an electricity supplier based on a misinterpretation of Government Emergency Ordinance No. 27/2022.
Egger Romania is a semi-finished wood manufacturer.
According to Tuca Zbarcea & Asociatii, "in the context of a sharp rise in electricity and gas prices, the Romanian Government adopted GEO No. 27/2022, which established a formula for calculating the price charged by suppliers in their contractual relations with natural and legal persons consuming electricity or natural gas. Further clarifications were introduced by Law No. 206/2022, which explicitly stated that the formula established by GEO No. 27/2022 set a maximum price limit and did not affect ongoing contracts with prices below this limit." In this context, the firm explains, "an electricity supplier took the position that, prior to the entry into force of Law No. 206/2022, the prices stipulated in ongoing supply contracts had to be replaced by the amount resulting from the formula established by GEO No. 27/2022, even if this amount exceeded the contractual price. After several such invoices from the supplier, [Egger Romania] sought legal assistance and representation from Tuca Zbarcea & Asociatii to recover the undue payments made in excess of the originally agreed contractual price."
According to the firm, the Alba Iulia Court of Appeal ruled that the relevant legal provisions must be interpreted in favor of consumers, ordering reimbursement of approximately RON 11 million (over EUR 2 million). This decision clarifies key issues regarding electricity and gas price cap regulations and reinforces that favorable contractual clauses benefiting consumers cannot be overridden.
The Tuca Zbarcea & Asociatii team included Partner Ioana Hrisafi and Associate Tudor Bonifate.
