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13.9.2017

Basic Court in Prishtinë approves Ombudsperson’s request for adjournment of execution of the Decision of the Energy Regulatory Office

On the grounds of the Ombudsperson’s lawsuit regarding the Decision of the Energy Regulatory Office (ERO) on billing of electricity costs consumed in northern part of the country and as a result of ERO’s failure to implement Ombudsperson’s recommendations within the given deadline, the Basic Court in Prishtine rendered a Decision, through which it has approved Ombudsperson‘s request for adjournment of execution of the given Decision.

Resolution of the Basic Court in Prishtine states that the Decision of the Board of Energy Regulatory Office V_399_2012, of 06.02.2012 is adjourned until the judgment concerning Ombudsperson’s claim is rendered, actually the plaintiff in this case.

In Basic Court’s reasoning related to the Resolution brought, it is pointed out that plaintiff’s request, actually of the Ombudsperson for adjournment the execution of the Decision in question, refers to Article 22, paragraph 2, of the Law on Administrative Conflicts, which stipulates that “by the plaintiff request, the body whose act is being executed, respectively the competent body for execution can postpone the execution until the final legal decision, if the execution shall damage the plaintiff, whereas postponing is not in contradiction with public interest and postponing would not bring any huge damage to the contested party, respectively the interested person”.

The Court considers that, from the evidence found in the case file, the Ombudsperson, in the capacity of the plaintiff, made his claim trustworthy, that execution of the challenged Decision will bring harm to the citizens of the Republic of Kosovo, a damage which can hardly be repaired and that the adjournment of the execution of the Decision is not opposite to the public interest. Therefore, the Ombudsperson's request was approved.

The resolution was delivered to the responsible parties with the legal remedy for lodging of on appeal with the Court of Appeals, within 15 days.

The Ombudsperson is decisive on the fact that the billing of electricity costs consumed in the northern part of the country is not supported by law, and has reasoned this in the Report with Recommendations of 13 June 2017 (for more info see the link: http://www.ombudspersonkosovo.org/repository/docs/915-2017,_Raport_me_rekomandime-i_skanuar_100136.pdf

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