AGCM: 12.5 million fine for Eni, Enel and SEN

AGCM: 12.5 million fine for Eni, Enel and SEN
The Competition and Market Authority (AGCM) sanctioned Eni gas and electricity, Enel Energia and Servizio Elettrico Nazionale for a total of 12.5 million euros. At the end of the preliminary investigation, launched in July 2020, AGCM ascertained the violation of articles 20, 24 and 25 of the Consumer Code and failure to comply with the two-year prescription introduced with the 2018 Budget Law.

AGCM: fines for unfair commercial practice

Art. 1 paragraph 4 of the 2018 Budget Law provides that "in contracts for the supply of electricity and gas, the right to the consideration expires in two years", while the next paragraph 5 specifies that the provision "does not apply if the failure or erroneous recording of consumption data derives from the user's ascertained responsibility ".

The authority has received numerous reports from individual users and consumer associations complaining that Eni gas has not accepted the two-year prescription requests and light, Enel Energia and Servizio Elettrico Nazionale. The three companies stated that the payment had been charged, due to the non-detection of the data due to the inaccessibility of the meter or the absence of the user.

In reality, consumers have provided the evidence that disproves the attempts to read the meter (in many cases located on a public access road) by the distributor. Despite the prescription request presented, Enel Energia and Servizio Elettrico Nazionale immediately charged the amount to users who had chosen a bank / postal address or credit card as a payment method.

Enel Energia and Servizio Elettrico Nazionale were therefore sanctioned respectively for 4 and 3.5 million euros. The fine imposed on Eni is instead of 5 million euros (the maximum possible), as it has rejected a greater number of applications and its misconduct in terms of prescription is recidivist. Users now have the right to receive a refund within three months.

Source: AGCM

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