118 CHA

The National Commission of Markets and Competition (CNMC) has agreed Measures to prohibit marketers with supply contracts at a fixed price that can modify the price, After the increase in costs recorded in the operation of the electrical system after the peninsular electric blackout of April 28.

In a statement, the ‘super -regulator’ said that he has adopted an agreement on the possibility of unilaterally modifying the electricity supply contracts by marketers before this context.

In this regard, he indicated that there is some marketer that is raising the body the possibility of modifying the conditions of its contracts at a fixed price to transfer the increase in those costs to the consumer.

This behavior would be supported, supposedly, in the existence of clauses in the contract that enable marketers to modify supply conditions at any time during the validity of the contract, with the only condition that this modification is communicated to the consumer with a specific notice offering the possibility of termination of the contract.

In this regard, the body presided over by Cani Fernández He recalled that, in accordance with the regulations of the European Union, the right of transparent information to the consumer on prices and conditions of the supply “implies that it must be provided adequate and transparent information about the motives and amounts by which the prices of the contract may vary, without the lack of said information at the time of the conclusion of the supply contract can then be supplied by subsequent information about those reasons and amounts of the modification.”

Therefore, he warned that any modification of a contract at a fixed price, beyond that corresponds to an expected variation of the regulated components of the invoice, “would not be in accordance with the clauses of the contract.”

Thus, the CNMC stressed that the cost of the system’s operation services “cannot be considered a regulated component and, therefore, in this type of contracts at a fixed price, the transfer of possible increases to the consumer of this term before the end or extension of the contract is not consistent with it.”

Go to court

The agency also assured that it is supervising these actions of the marketing companies and, with respect to the claims of consumers that could arise in this area, he recalled that, if the consumer is welcomed by a supply contract at a fixed price, You can address the courts or courts of the place where the supply is located.

He also stressed that another option available to consumers to resolve their claims is to go to the alternative conflict resolution system, which must be offered by marketers as indicated in article 46.1 n) of Law 24/2013.