On March 20, 2020, the Constitutional Court has made a final judgment. The norms of Cabinet Regulation No. 1048 of 16 December 2008 “Regulations for the Supply and Use of Natural Gas” were recognized as inconsistent with Articles 64 and 105 of the Satversme of the Republic of Latvia. Previously, based on these rules, the amount of compensation that the gas user was obliged to pay in the event of an infringement was calculated and recovered in legal proceedings.
Now JSC “Gaso” claims for recovery of compensation for violations of natural gas use have been recognized as illegal.
Since the adoption of these Regulation, Clauses 56, 58 and 87 of the above-mentioned Regulation have been declared illegal.
Clause 56: “If the system operator establishes a violation of these Regulations or the contract, due to which the amount of consumption of the natural gas registered for the user has been reduced or the opportunity of consuming natural gas free of charge has been created, the user shall pay the system operator for the natural gas used, as well as compensation”.
Clause 58: “The system operator shall determine the compensation provided for in Paragraph 56 of these Regulations by multiplying the amount of the calculated used natural gas with the tariff in double the extent of the amount”.
Clause 87: “The system operator shall calculate the amount of natural gas used as a result of the violation referred to in Paragraph 56 of these Regulations for the household user in accordance with the procedures for the settlement of payments approved by the system operator specified for the differentiated consumption norms of natural gas”.
In the current case law, these norms were applied uniformly, as a result of which the claims of JSC “Gaso” based on these norms were satisfied.
After the adoption of the Constitutional Court judgment, all those persons from whom the courts have previously recovered sums of money in favour of JSC “Gaso”, based on the above-mentioned norms, have the right after the Constitutional Court judgment came into force to apply to the court to reconsider the case within 3 months due to the newly discovered circumstances.
Thus, a gas user who was previously forced to pay compensation based on the above norms was given a real opportunity to return the money paid.
Assistance in returning the paid compensation is one of the many other services that law office Inlatplus is ready to provide to its clients.