2024-04-16 19:20:52
Such a conclusion was announced by the Constitutional Court (CT) on Tuesday, after examining the appeal of the Supreme Administrative Court of Lithuania (LVAT) following a dispute regarding the company “Biovatas”.
The company asked the court to annul the decision of the State Energy Regulatory Council (VERT) to recognize the company as a regulated independent heat producer.
According to the company “Biovatas”, the requirement to maintain set prices for a certain period of time can be applied to independent heat producers who have used EU support funds, but the indefinite limitation of the freedom of activity of such producers does not ensure the protection of consumer rights.
“The administrative file established that the applicant purchased the heat production facilities and the real estate related to them more than five years after the former owners used the financial support of the European Union to modernize them. Despite this, according to the disputed legal regulation, the new owner remained recognized as a regulated independent heat producer for an indefinite period of time,” said KT, starting to examine the case last week.
On Tuesday, the CT announced that it found that the provision of the Heat Economy Law, which requires independent heat producers to maintain set prices indefinitely, contradicts part of the provisions of Article 46 of the Constitution.
According to the Constitution, as announced in the court ruling, the equality of economic activity entities, fair competition must be ensured, and it is not allowed to make it disproportionately difficult to engage in a certain type of economic activity.
2024-04-16 19:20:52