The Kosovo Chamber of Commerce (KCC) announced that the Supreme Court has decided that the lawsuit filed by KCC against the Energy Regulatory Office (ERO), regarding the mandatory entry into the open electricity market, will be processed and reviewed for a decision on the merits. According to KCC, a panel of judges has already been appointed to handle the lawsuit against ERO.

“Although the request for an interim measure to suspend the decision was not approved, on the grounds that the act ‘ERO Notification’ does not meet the criteria of a normative sub-legal act, the case will nevertheless be reviewed on its merits with regard to all of ERO’s sub-legal acts, except for this notification, in accordance with the legal deadlines,” the statement reads.

Therefore, according to the announcement, the Kosovo Chamber of Commerce expects the court to decide within the 60-day deadline from the filing of the lawsuit, as foreseen by law, and to annul all ERO sub-legal acts which set the criteria for entry into the open electricity market.

“Despite the fact that the interim security measure was not approved, the Kosovo Chamber of Commerce positively values the fact that the case will be reviewed on its merits and expresses confidence that the final decision will be in the interest of the economy, businesses, and citizens of Kosovo,” the statement continues.

Over 1,400 electricity meters belonging to various businesses in several municipalities of Kosovo have been disconnected from the electricity grid, as a result of the ERO decision obliging businesses to switch to the liberalized electricity market, reports KosovaPress.

However, this decision is not being implemented in the four northern municipalities of Kosovo, where businesses are supplied with electricity by the company Elektrosever. This company is not subject to the tariffs regulated by ERO, and so far, no measures have been taken to disconnect consumers in that part of the country.

The exemption of businesses in the four northern municipalities from the obligation to enter the open market is being considered discriminatory by economic experts and lawyers.

They state that the Law on Electricity applies throughout the entire territory of the Republic of Kosovo, regardless of north or south. According to them, this issue should be addressed by the Energy Regulatory Office (ERO), while not excluding the possibility that the matter could also be taken to the Constitutional Court.

According to ERO, the company Elektrosever has been licensed as a supplier for the four northern municipalities, but it is not subject to tariffs regulated by ERO and has no public service obligations. ERO further states that Elektrosever operates as a commercial supplier, functioning only within that specific area.