Recent Developments in Our Legislation Regarding the Retail Sales Tariff 5 February 2018

Loss and illegal use cost and return of Retail Sales Tariff meter reading costs that are collected over electric bills constitute a serious problem in our country. Likewise; this matter was firstly submitted to the jurisdiction due to the impression of the consumers that the collection of such costs is not equitable. Afterwards; the need of the legal regulation of this subject matter by lawmaker has arouse due to the collection of these unlawful and unequitable tariffs and the importance of returning of them to the consumers.

Electricity Market Regulation Authority (“EMRA”) decided in its resolution dated 24.08.2006 and numbered 875 that the electricity distribution companies can effectuate the additional cost called Retail Sales Tariff which will be calculated over the quantity of electricity consumed by the subscribers and such Retail Sales Tariffs were reflected on the invoices issued by the related distribution companies following the mentioned resolution. However; a lawsuit was filed claiming the nullity of the resolution and abovementioned decision of EMRA has been nullified by the decision of 13^th Chamber of Council of State dated 06.04.2011 and numbered 2008/2695 and 2011/1368 K.

Hereupon; within the direction of the cancellation decision of Council of State, EMRA adopted a decision, dated 28.12.2011 numbered 3612, that Retail Sales Tariff shall be collected over fixed charged in accordance with the subscribe group instead of the quantity of electricity consumption. As a result of this resolution; Retail Sales Tariffs, which have been collected until the date of such decision, have been deprived of legal basis. Thereby; the subscribers have right to claim Retail Sales Tariffs collected without a legal basis.

However; lawmaker has adopted an act which interferes with pending lawsuits in relation to this topic through the Law no. 6719 published and entered into force in the Official Gazette dated 17.06.2016. Likewise; the Paragraph has been added as 10^th paragraph to Article 17 of the Law no. 6446 with Article 21 of the Law no. 6719 which regulates that the competence of the consumer arbitration committees and the courts are limited with the supervision of the compliance such Tariffs with regulatory transactions of EMRA in the lawsuits filed regarding the costs determined in accordance with the income and tariff regulations of EMRA. Additionally; the provisional article added to the Law no. 6446 with Article 26 of the Law no. 6719 states that all execution proceedings and litigations which are filed regarding the claim of amount for distribution, meter reading, retail sales service, transmission and illegal usage shall be dismissed. An appeal to Constitutional Court has been made by claiming that the latest legislative amendments are against the constitution.

Constitutional Court has been decided by its resolution dated 28.12.2018 and numbered 2016/150 E. 2017/179 K. and promulgated in the Official Gazette dated 15.02.2018 that the Paragraph 10 added to Article 17 of the Law numbered 6446 shall be cancelled.

Türkçe Versiyonu İçin

http://www.kasaroglu.av.tr/tr/perakende-satis-bedeli-hakkinda-son-gelismeler

Previous Next

Publications

This website and the information herein has been designed in accordance with the Professional Rules of the Union of the Turkish Bars Association and in particular the regulations prohibiting advertisement by attorneys at law. All material included in the Kasaroğlu Web Site is for informational purposes only and Kasaroğlu Law Office expressly disclaims all liability to any person in respect of anything and in respect of consequences of anything done in reliance upon the whole or any part of the contents of the Kasaroğlu Web site. Transmission of this information is not intended to create and receipt does not constitute an attorney-client relationship between Kasaroğlu and the user or browser. No client or other reader should act or not refrain from acting on the basis of any matter contained in the Kasaroğlu site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue. Kasaroğlu is not responsible for any third party contents which can be accessed through the web site.

The solution partner of Kasaroglu Law Office which provides extensive services in the field of Merging & Acquisation is “Kasaroğlu Uluslararası Danışmanlık Hizmetleri A.Ş." with its significant expertise and experience in this area.