Economy
The Ministry of Economy and Infrastructure jointly with the Consumer Protection Agency and Market Surveillance asks the court to examine the annulment of the ANRE Order no.61 of 12.06.2018, which established new fuel prices higher by 34 bani for one liter of gasoline, and 32 bani for a liter of diesel. Also, the execution of the Order is suspended until an irrevocable decision is issued.
Following the examination of the ANRE Order, we believe that it was issued contrary to the legal provisions, ie without being subject to public consultations with stakeholders in order to observe the principle of transparency in the decision-making process and to analyze the factors contributing to the increase in oil products, they are prerequisites to be irrecoverably prejudiced by the final consumer.
According to art. 16 of Law no. 174 on energy, sessions of the ANRE Board of Directors, examining draft regulatory acts, basic cost claims, regulated prices, regulated tariffs or decisions that may have an impact on the energy markets and on service obligations public, are to be publicly consulted.
Thus, revision of the trading ceiling prices with retail of major petroleum products is a matter of public interest, which is to be preceded by the public consultation exercise.
The lawsuit also mentions that the legitimate rights and interests of the consumer may be infringed. More specifically, according to art. 6 lit. a) of Law no. 105-XV on Consumer Protection, any consumer is entitled to protection against the risk of acquiring a product, a service that might prejudice his / her legitimate rights and interests, having the right to complete, accurate and accurate information about the products and services purchased .
At the same time, according to art. 1 par. (2) of the Administrative Contentious Law no. 793-XIV, any person who considers himself or herself to be injured in a right recognized by law by a public authority, by an administrative act or by failure to resolve an application within the legal time limit, has the right to appeal to the litigant administrative proceedings in order to obtain the annulment of the act, recognition of the alleged right and reparation of the damage caused. Under the same law, an application for the annulment of an administrative act or the recognition of the claimed right may be filed within 30 days, and this period starts to run from the date of receipt of the reply to the prior request or the expiry date of the statutory term for the settlement it.
Following the examination of the ANRE Order, we believe that it was issued contrary to the legal provisions, ie without being subject to public consultations with stakeholders in order to observe the principle of transparency in the decision-making process and to analyze the factors contributing to the increase in oil products, they are prerequisites to be irrecoverably prejudiced by the final consumer.
According to art. 16 of Law no. 174 on energy, sessions of the ANRE Board of Directors, examining draft regulatory acts, basic cost claims, regulated prices, regulated tariffs or decisions that may have an impact on the energy markets and on service obligations public, are to be publicly consulted.
Thus, revision of the trading ceiling prices with retail of major petroleum products is a matter of public interest, which is to be preceded by the public consultation exercise.
The lawsuit also mentions that the legitimate rights and interests of the consumer may be infringed. More specifically, according to art. 6 lit. a) of Law no. 105-XV on Consumer Protection, any consumer is entitled to protection against the risk of acquiring a product, a service that might prejudice his / her legitimate rights and interests, having the right to complete, accurate and accurate information about the products and services purchased .
At the same time, according to art. 1 par. (2) of the Administrative Contentious Law no. 793-XIV, any person who considers himself or herself to be injured in a right recognized by law by a public authority, by an administrative act or by failure to resolve an application within the legal time limit, has the right to appeal to the litigant administrative proceedings in order to obtain the annulment of the act, recognition of the alleged right and reparation of the damage caused. Under the same law, an application for the annulment of an administrative act or the recognition of the claimed right may be filed within 30 days, and this period starts to run from the date of receipt of the reply to the prior request or the expiry date of the statutory term for the settlement it.
