How to Annul an Electricity Bill in Romania? Litigation Lawyer.
An electricity bill can be a source of stress for many consumers, especially when the billed amounts seem incorrect or far too high compared to actual consumption. In Romania, there are legal procedures for annuling an electricity bill, either administratively (when addressing the electricity supplier or the relevant authority) or through the courts.
Who are the main parties involved in the electricity supply? Litigation lawyer.
The electricity supplier is a natural or legal person that carries out the activity of supplying electricity, i.e., selling electricity to customers, including resale, as well as supplying electricity to consumption points owned by the supplier.
The supplier of last resort (SLR) is an electricity supplier designated by the National Energy Regulatory Authority (ANRE) to ensure the supply of electricity to residential and non-residential consumers who do not have a valid contract with another supplier.
Customer or "final customer" as defined by law can be any natural or legal person who purchases electricity for their own consumption. The terms "final customer" and "consumer" are equivalent in the context of the law.
Residential customer is a customer who purchases electricity for their own household consumption, excluding consumption for commercial or professional activities.
Non-residential customer includes any natural or legal person who purchases electricity not for household consumption. This category includes electricity producers, industrial customers, small and medium-sized enterprises, economic operators, and wholesale customers.
How is the price on the electricity bill determined? Ask a lawyer.
According to Article 80 of the Electricity Law, suppliers are free to set the price at which they supply electricity to customers. However, this is a regulated price that must fall within the limits set by ANRE at the relevant time.
Article 62 (h), point 3) of the Electricity Law provides the right for the customer to receive transparent information regarding the prices and tariffs charged, as well as the contractual terms/conditions related to access to and provision of services by economic operators in the electricity sector.
Rule! According to the Framework Contract for Electricity Supply, the electricity bill is issued by the supplier based on the consumption of active electricity determined by reading the meter index by the network operator's representative (OR).
Exception! For billing periods where the bill amount is not determined by the meter reading by the OR, it is calculated: (a) based on the amount determined by the self-reading of the meter index by the customer, or (b) based on the amount of electricity in the consumption agreement communicated by the SLR to the customer.
If there are differences between the estimated consumption for billing and the actual consumption recorded after reading the meter index, the supplier will adjust the cost of the electricity.
Why is my electricity bill disproportionate?
The most common reasons customers are dissatisfied with the price on the electricity bill are:
billing based on estimated consumption: instead of actual meter readings, which can lead to higher bills than actual consumption.
unilateral contracts modifications: by the supplier, resulting in higher bill amounts.
unfavorable contract terms: which are not well understood by consumers, leading to unexpected costs. if you face such a situation, your contract may contain abusive clauses, and you may seek collective remedies in court for their cancellation.
errors in measuring energy consumption: caused by meter malfunctions.
errors in meter reading.
energy efficiency issues: in the household can lead to higher consumption and, consequently, higher bills.
retroactive bills: issued illegally.
Are interest penalties paid for late payment of electricity bills?
Yes, the law provides for penalty interest for late payment of electricity bills at the level of interest due for the late payment of budgetary obligations. These should exceed the amount of the bill.
What information should accompany the electricity bill?
The supplier is obligated to provide the customer with complete and transparent information regarding the method of calculating the bills. Additionally, the supplier must fully inform the customer about the conditions applicable to the contractual relationship (Article 57 of the Electricity Law, Articles 12 and following of the 2023 Regulation on the Supply of Electricity to Final Customers).
Can you change your electricity supplier? Ask an online lawyer.
Yes, the law allows customers to change their electricity supplier. The process is relatively simple and regulated by the National Energy Regulatory Authority (ANRE). The main steps to change your electricity supplier are:
research: inform yourself about the offers from different electricity suppliers. You can consult the ANRE website to see the list of authorized suppliers and their offers.
compare offers: choose the right offer for you. You can use an online price comparator or request personalized offers from several suppliers to find the most advantageous one.
choose a new supplier: after comparing offers, choose the electricity supplier that best meets your needs.
contact the new supplier: contact the new supplier and request a new electricity supply contract. The new supplier will provide all necessary information and guide you through the change process.
sign the new contract: sign the contract with the new supplier. Ensure you understand all contractual clauses, including tariffs, contract duration, and other conditions.
notification of current supplier: the new supplier should handle the notification of your current supplier and all formalities necessary for termination of the former contract. Generally, it is not necessary to contact your current supplier, as the new supplier will manage this notification process.
read the meter: on the day of the supplier change, it is important to read the meter to establish the exact consumption at the time of the transfer. This reading will be used to close the bill with the current supplier and allow the new supplier to issue invoices.
The process of changing your electricity supplier should take between 21 and 30 days. You will receive written confirmation from the new supplier regarding the date from which they will start supplying electricity.
What advantages do I have if I change my electricity supplier? Ask an online lawyer.
Savings on your bill: finding a supplier with lower rates can lead to significant long-term savings, especially when dealing with a disproportionately high electricity bill.
Better services: you can benefit from better services and personalized offers.
Flexibility: You can choose a contract that better suits your needs, whether it is the duration, payment methods, or other conditions.
What costs do I pay if I change my electricity supplier?
Legal provisions prohibit the supplier from charging the client fees for changing the supplier or terminating the electricity supply service contract. There are a few exceptions provided by law – if you are in a special situation, ask an online lawyer. In any case, when charging a fee for changing the electricity supplier is allowed, it must be explicitly stated in the service contract and is subject to general transparency and proportionality requirements applicable in the field.
What should I do before requesting annulment of an electricity bill? Commercial lawyer.
Carefully check the bill: ensure that the meter readings are correct and match your readings, there are no calculation errors or unjustified additional charges, and the billing period is correct and corresponds to the consumption period.
Document the situation and prepare evidence: before making a complaint, gather all necessary evidence, such as photos of the meter readings, previous bills for comparison, the contract with the electricity supplier, correspondence between you and the electricity supplier regarding the disputed bill, and any other evidence that supports your claim. Identify witnesses if any.
Contact a litigation lawyer: it is advisable to contact a lawyer specialized in litigation for contesting an electricity bill, as they will guide you through the legal procedures and protect your rights as a consumer. In some cases, you may also need to hire a technical expert in the energy field for assistance with technical issues.
File a complaint with the electricity supplier. Request online legal consultation.
The first step in the process of annuling an electricity bill is to contact the electricity supplier. In the complaint, the consumer must specify the reasons why they consider the bill to be incorrect and request its correction by the supplier. The supplier is obligated to resolve the complaint within the legally stipulated period, and until a solution is issued, they cannot interrupt the electricity supply. Usually, the period for resolving an electricity bill complaint is 30 days with the supplier.
Article 29 of the 2023 Regulation on the Supply of Electricity to Final Customers states: "If the customer contests the accuracy of the bill, the supplier has the right to interrupt the electricity supply only after communicating the result of the complaint verification to the customer, if the verification shows that the issued bill is correct and if the bill has not been paid, respecting the provisions of the Performance Standard for the activity of electricity supply, in force." Also, paragraph 5 states: "The customer is not obliged to pay the bill for which they have submitted a complaint to the supplier until the complaint is resolved."
Means to request annulment of an electricity bill with the supplier:
phone: most suppliers have a customer support phone number where you can explain your problem, but this method is not recommended as you want to keep written documentation.
in writing: you can send an official complaint to the supplier's headquarters, to their registry office, by mail, by email, or through an online complaint procedure if the supplier provides such remedies or in another form. Make sure to keep a copy of any correspondence regarding the electricity bill complaint for future reference.
Am I obliged to file an electricity bill complaint with the supplier?
The procedure for contesting an electricity bill with the supplier is optional for the customer, who does not lose the right to address the courts if they decide not to use it.
Filing an official complaint with ANRE. Contact commercial lawyer.
If you do not receive a satisfactory response from your energy supplier, the next step is to file an official complaint with the National Energy Regulatory Authority (ANRE), according to the procedure established by the Regulation of 2 August 2013 on the organization and functioning of the commission for the settlement of disputes in the wholesale and retail market between participants in the electricity and natural gas market ("2013 Regulation").
Before submitting the complaint to ANRE, the consumer must go through the conciliation procedure provided by the 2013 Regulation, meaning they must invite the opposing party within 15 days of the dispute's occurrence to amicably resolve it. This is a formality that can be fulfilled by sending a simple notification to the supplier – ask an online lawyer.
The consumer and the supplier are considered in dispute from the date one party communicates to the other the impossibility of reaching an agreement. The invitation to conciliation is sent by registered letter with acknowledgment of receipt or by other methods of communication established by the contract between the parties.
After a period of 30 days from the transmission of the invitation to conciliation, the consumer has the right to address ANRE for the settlement of the dispute if the other party does not attend the procedure or if no agreement is reached (as recorded in a report).
The complaint must contain information about the consumer and the electricity supplier, and a description of the reasons why the consumer considers the bill to be incorrect. It is similar to the content of a statement of claim that initiates a civil lawsuit. You can file an energy bill complaint on the ANRE website or by mail.
The complaint must include a copy of the disputed energy bill and any correspondence with the electricity supplier on the subject, if you have gone through the bill contestation procedure with them.
ANRE will investigate the complaint and issue a decision within 60 days from the date of its submission. The decision may be favorable to the consumer, in which case it will request the supplier to cancel or correct the disputed energy bill, or it may be unfavorable to the consumer. In the latter case, the consumer can file a complaint with the competent administrative court.
Filing a lawsuit to the competent court. Litigation lawyer.
For disputes arising in connection with electricity supply contracts, customers have the right to address the courts directly. This right exists even if the customer does not follow the conciliation or complaint resolution procedures provided by the relevant legislation.
A complaint can be filed before or after paying the disputed energy bill.
Since the electricity bill is not itself a contract/legal document but rather an accounting document, you may face admissibility issues if you contest the bill before payment. Talk to a litigation lawyer before taking such steps to avoid unnecessary costs and time.
Another disadvantage of filing a lawsuit before paying the energy bill is that initiating the lawsuit does not prevent the supplier from discontinuing the energy supply until the action is resolved. To avoid the interruption of energy supply, the client can file a separate suspension request (ask a litigation lawyer).
Alternatively, the client can decide to pay the disputed energy bill and subsequently initiate a court action to recover the unduly paid amounts.
Preventive measures for the future
To avoid such situations in the future, consider the following preventive measures:
regularly read your meter and compare the readings with those on your bills.
inform yourself about your rights as an energy consumer.
keep a clear record of all bills and correspondence with your energy supplier.
Annuling an electricity bill can be a difficult, costly and time-consuming process, but by following the correct steps and having the necessary evidence, you can protect your rights. It is important to act promptly and be informed about the legal procedures and your rights as a consumer.
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