Electricity transmission system operator Elia had lodged an appeal against the provision of the CREG’s tariff methodology 2020-2023, regarding the impact on regulated tariffs of loans contracted to finance non-regulated activities.
According to this provision, the financing of non-regulated activities is valorized on terms equivalent to a financing that would be fully covered by equity.
With the press release of 27 July 2018, Elia had announced that the treatment of non-regulated activities was still under discussion.
On January 10, Elia received a copy of the judgment of the ‘Markets Court’, which declares its appeal admissible but unfounded. The subject matter of this judgment is limited to this provision of the tariff methodology 2020-2023 which remains in force as approved and published on 28 June 2018 and thus applicable from 2020.
Elia investigates the possibility of bringing legal remedies against the judgment.
After analyzing this judgment, according to Elia, there are sound reasons to believe that this judgment has no impact on the existing investments in non-regulated activities. However, should elements arise in the future that would lead to substantially different consequences, then Elia will analyze them and take a position in due time, including possible legal and other mitigating remedies.
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