COURT RULES ON INDUSTRIAL ELECTRICITY PRICES IN ITALY.

Europe Energy, September, 2003

The European Union Court of Justice passed down a ruling on September 11 that will make unpleasant reading for large industrial electricity consumers, notably the chemicals and aluminium sectors. Responding to a request for a preliminary ruling from the Florence Court of Appeal, filed in January 2001 (case C-207/01) and concerning a dispute between the chemicals company Altair Chimica and the national electricity generator Enel, it concluded that EU law does not override a national regulation providing for the levying of a supplement on electricity prices where power is used in an electro-chemical process, i.e. as a raw material. Altair has refused to pay Enel a series of supplements on electricity prices in Italy (to cover a geographic equalisation fund, nuclear...

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