ERO responds to KCC: Returning businesses to regulated tariffs harms household consumers

The Kosovo Chamber of Commerce (KCC) has filed a criminal complaint against the chairman and members of the Board of the Energy Regulatory Office for non-implementation of the Supreme Court's decision on the liberalization of the energy market. ERO says that the Court in its judgment did not order the suspension of the liberalization of the electricity market. According to ERO, returning these consumers to regulated tariffs would harm about 750 thousand household consumers with the increase in energy tariffs

The Kosovo Chamber of Commerce has filed a criminal complaint against the chairman and members of the Board of the Energy Regulatory Office for non-implementation of the Supreme Court's decision regarding the liberalization of the energy market.

According to the KCC, Chairman Ymer Fejzullahu and other members of the ERO Board have not implemented the Court's decision, abusing their official position, violating official duties, committing fraud in office and violating the public economic interest.

"This action follows the request of the KCC to the ERO Board for reflection and the start of implementation of the Supreme Court's judgment, with the aim of returning businesses forcibly removed to the free market at regulated prices. However, the ERO Board has decided to ignore and misinterpret this judgment, harming businesses and citizens of Kosovo, with the highest energy bills in the history of the Republic," the announcement states. 

The filing of the complaint, according to OEK, is based on the final judgment of the Supreme Court, official documents and communications from ERO, as well as materials proving the economic damage caused. According to OEK, businesses are paying 200 percent more for energy in the free market.

However, in ERO's response to the KCC, which was provided by KOHA, it is stated that the Court in its judgment did not order the suspension of the liberalization of the electricity market. 

also EVENING NEWS 1 dhj 2025 KCC warns of criminal charges against ERO for non-implementation of the Supreme Court's decision

"The court in its judgment did not order the suspension of the liberalization of the electricity market, did not establish a new right to universal supply, and did not order the return of consumers to universal service. The court also rejected the request for the repeal of the public notice of 12.3.2025, noting that this notice was not a normative act that creates new rights or new obligations for consumers," the ERO's response letter states.  

According to ERO, returning these consumers to regulated tariffs would harm around 750 thousand household consumers with increased energy tariffs. 

"ERO clarifies that supply contracts concluded on the open market between Suppliers and non-household consumers are regular civil-commercial relations concluded on the basis of the Law on Electricity and the provisions of the Law on Obligations. The Supreme Court's judgment has not found any irregularities, inconsistencies or invalid elements in these contracts and has not issued any order that affects their validity or execution. Consequently, the contracts remain fully valid and produce all their legal effects," the ERO letter states.

According to ERO, the eventual unilateral termination of contracts by non-household consumers does not and cannot create a right to return to universal service, as such an effect would be in open contradiction with the law and the interpretation given by the Supreme Court.

"ERO assesses that the claims for suspension of the liberalization of the electricity market, cancellation of contracts, collective return to universal service and retroactive review of billing do not find support in the Law on Electricity, Directive 2009/72/EC or in the judgment of the Supreme Court." 

also Arberi 1 dhj 2025 Chamber of Commerce warns of criminal charges against ERO: Supreme Court decision is being misinterpreted

The Supreme Court has repealed articles of the Energy Market Liberalization Guidelines, which deal with the criteria for entering the open market. However, ERO has said that its decision on retail tariffs for 2025 is not based on the repealed provisions of the guidelines.

In March of this year, the regulator announced the mandatory entry into the free energy market of around 1.300 businesses, forcing them to choose their own supplier. The decision affected businesses with a turnover of over 10 million euros or with over 50 employees.