KCC warns of criminal charges against ERO for non-implementation of the Supreme Court's decision

The Kosovo Chamber of Commerce has warned that it will file a criminal complaint against the Energy Regulatory Office for, as it said, non-implementation of the Supreme Court's decision on the issue of liberalization of the business energy market. According to the KCC, the Supreme Court has clearly concluded that the process of liberalizing the electricity market has been implemented in violation of the law. ERO has not responded to this warning.

The Kosovo Chamber of Commerce has warned of criminal charges against the Chairman of the Board of the Energy Regulatory Office, Ymer Fejzullahu, if he does not implement the Supreme Court's decision on energy liberalization within 5 days.

This association has held Fejzullah responsible for obstructing the implementation of the court's final decision, saying that the Supreme Court's decision is being misinterpreted.

"The Supreme Court has clearly found that the process of liberalizing the electricity market has been implemented in violation of the law, without competition analysis, without public consultations and outside the legal competences of the regulator. The decision repeals key provisions of the liberalization guidelines and establishes the invalidity of the notification act. However, the ERO's communiqué of 18.11.2025 attempts to relativize this decision, creating new legal uncertainty and exposing businesses to economic risks and further damages," the KCC statement reads.

According to the KCC, the Supreme Court's decision is mandatory for implementation by every public institution and that any action based on the repealed acts conflicts with the legal order of Kosovo.

KOHA has requested a position from ERO regarding the KCC warning, but has not received a response as of Monday.

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Meanwhile, the ERO press release of November 18 stated that the Supreme Court has rejected the lawsuit for the illegal publication of the public announcement on the liberalization of the energy market and that the process continues.  

"Based on point IV of the Judgment, the plaintiff's claim was dismissed, through which the public notice on the liberalization of the electricity market was requested to be annulled and declared illegal, and the claim for the correction of invoices, as well as the annulment of all individual contracts for non-household consumers, was also dismissed as impermissible. Consequently, the process of liberalization of the electricity market continues, along with the validity of existing consumer contracts in the open market, which continue to remain in force," the statement said.

Also, according to ERO, the Supreme Court has repealed two provisions of the Guidelines for the Liberalization of the Energy Market of 2017-2019, after finding that they are not harmonized with the energy legislation. ERO, in a statement of November 18, said that it is following internal legal procedures to repeal these provisions.

"According to the Law on Electricity, the right to electricity supply at regulated tariffs is enjoyed only by consumers who qualify for Universal Service. The right to supply at regulated tariffs by ERO, based on ERO's decision on retail tariffs for 2025 - which has been deemed legal by the Court - is not based on the repealed provisions of the guideline," the statement said.

In accordance with point IV of the Judgment, ERO has stated that it will repeal the provisions of the Market Liberalisation Guideline. According to ERO, the Supreme Court has confirmed that the right to supply electricity at regulated tariffs belongs only to consumers eligible for universal service, which is said to be in full compliance with the ERO Board decision on retail tariffs for 2025 and the European Union Electricity Directive 2009/72/EC. 

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"The ERO, according to the legal provisions of the Law on Electricity and the Law on the Energy Regulator, is obliged to determine retail electricity tariffs only for electricity consumers who enjoy the right to universal service, and not for consumers who do not meet the criteria for universal service supply. Consequently, the Law on Electricity determines that these consumers must be supplied on the open market. The supply of electricity on the open market to these consumers is a legal obligation that exceeds the competences of the ERO," the statement says.

But, according to the Supreme Court's decision, this announcement is not a normative act.

For this reason, the Kosovo Chamber of Commerce has requested that affected businesses be returned to universal service and that their bills affected by universal service be recalculated.

Failure to comply with this decision, according to this association, harms businesses, investor credibility, economic stability and legal security in the energy sector.

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In March, ERO announced the liberalization of the market for large businesses. This announcement and the entire process have been attacked by businesses and political entities in the courts.

A case regarding this issue is still under review by the Constitutional Court, following a request filed by the Democratic Party of Kosovo.