The Supreme Court of Kosovo has responded to reports regarding the Constitutional Court’s recent decision on the liberalized electricity market, clarifying that its judgment approving the lawsuit filed by the Kosovo Chamber of Commerce (KCC) against the Energy Regulatory Office (ERO) has neither been overturned nor returned for reconsideration.
According to the Supreme Court, the Constitutional Court’s ruling does not concern Judgment P.A. No. 18/2025, through which several provisions of the guidelines on electricity market liberalization were declared unlawful and annulled.
The Court stated that the Constitutional Court’s decision relates to a different case, specifically Decision P.A. No. 24/2025, in which a lawsuit filed by an economic operator was dismissed as inadmissible on the grounds that the contested act did not contain the elements of a normative bylaw and therefore could not be reviewed through administrative proceedings.
In that case, the Constitutional Court found violations of the right to a fair trial and effective access to justice, concluding that the Supreme Court had focused primarily on the legal form of the document rather than on the concrete legal and economic effects it produced for the claimant.
As a result, the Constitutional Court invalidated Decision P.A. No. 24/2025 and returned the case for reconsideration.
Meanwhile, the Supreme Court emphasized that Judgment P.A. No. 18/2025, concerning the lawsuit filed by the Kosovo Chamber of Commerce against the ERO, remains in force and is not affected by the Constitutional Court’s ruling.
Through that judgment, the Supreme Court had upheld the KCC’s claim and declared unlawful Article 8 of the 2017 Guideline on Electricity Market Liberalization, as well as Article 2 of the guideline amending and supplementing that act.
In its reasoning, the Supreme Court found that inconsistencies between the law and subordinate legislation had created legal and economic uncertainty for consumers and operators in the electricity market, making judicial intervention necessary to protect legal certainty and ensure equal treatment.
Through this clarification, the Supreme Court called for accurate public information, stressing that the Constitutional Court’s decision does not affect the judgment related to the Kosovo Chamber of Commerce’s lawsuit concerning the liberalization of the electricity market.
