Macchi di Cellere Gangemi through its partners Francesco Piron and Giannalberto Mazzei, assisted C.U.R.A. Consortium and ATS Power and obtained an important preliminary order from the Council of State (Consiglio di Stato – CdS) in some litigations concerning the electricity market’s balancing mechanism: in fact the CdS decided to verify some of the conditions set forth in the ARERA resolution n. 342/2016 (ref. Ordinance no. 5361 and no. 5362 published yesterday).
The Verifier – identified as the Department of Economics and Business Sciences Department at the Bicocca University of Milan – shall have to verify within 90 days except in the case of postponements, among other issues, whether the individual conducts by the operators – according to the regulatory framework applicable at the time – were able to influence, directly and automatically (as argued by ARERA) the uplift and consequently the end consumers’ bills.
Especially now, in the light of the previous recent decisions issued by the Regional Administrative Court of Milan as well as the Council of State, which were unfavorable for the traders, the position expressed by the Judges at Palazzo Spada is particularly significant since it moves towards a more timely and careful evaluation of the market mechanism at the time of the alleged facts and the protection of the field operators.