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Summary of the Competition Council’s Plenum Decision no. APD-36/17- 43 of 21.06.2018

           
10.07.2018   812 Views    

On 23.11.2017, the Plenum of the Competition Council, based on the complaint received from ,,S & D Service" LLC, as well as on the basis of the information accumulated during the preliminary examination of the complaint, ordered the initiation of the investigation regarding the signs of the infringement of art. 11 par. (2) of the Competition Law no. 183 of 11.07.2012 by SCC ,,Gas Natural Fenosa Furnizare Energie" LLC concerning the refusal to conclude the contract for the supply of electricity with ,,S& D Service" LLC.

The Plenum of the Competition Council by Decision no. APD - 36/17 - 43 of 21.06.2018, disposed the cessation of examination of the case initiated by the Competition Council Plenum Diposition no. 36 of 23.11.2017, regarding the lack of reasonable grounds to suspect the infringement of the Competition Law no. 183 of 11.07.2012 since during the course of the investigation the following legal and factual circumstances were ascertained:

             1. ANRE Decision no. 200 of 24.10.2017 throught which it was found the illegality of the refusal of SCC ,,Gas Natural Fenosa Furnizare Energie" LLC to conclude the electricity supply contract with ,,S & D Service" LLC at the NLC 1374446 place of consumption;

             2. The Protocol  no. 003/2018 of 18.04.2018 regarding the finding of the administrative contravention, which established the commission of the administrative contravention provided by art. 169 let. c) and e) of the Contravention Code by SCC ,,Gas Natural Fenosa Furnizare Energie" LLC;

             3. The uncertainty in applying the legal provisions wich regulates the legal regime regarding the procedure of connecting the consumer to the electricity network;

             4. The signing of the annexes 1, 2, 3, 31, 5 and 6 to the electricity supply contract no. 40402000031 of  29.01.2008 on 13.12.2017, throught which the NLC-137446 place of consumption of undertaking ,,S & D Service" LLC was connected to the electrical network;

             5. The principle according to which no one can be prosecuted or penalized by the courts of the same State for the commission of misdemeanors for which he has already been convicted by a final judgment in accordance with the law and penal procedure of the same State, provided at art. 4 of Protocol no. 7 to the European Convention on Human Rights and Fundamental Freedoms.

 

 

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