Government paid 259 million compensation to Endesa after 15 years of litigation against Zapatero cuts

The government decided to pay 259 million euros in compensation. Endesa After nearly 15 years of a very long legal battle against a 2007 ministerial order that was partially rescinded by the Supreme Court and required by the Government of José Luis Rodríguez Zapatero, which required millionaire cuts for large power companies to try to balance their electricity bills. system.

In the last six years of this long legal process of more than ten years, Endesa, compensation for the effect of this rule on their accountswas founded deduction to be applied to the company’s wages To offset the cost of CO2 emission rights assigned to him free of charge by the manager.

The current Minister of Energy, integrated into the Ministry of Ecological Transition under the command of Vice President Teresa Ribera, on 22 April to the electricity company, Payment of 259 million euros to Endesa and its subsidiary Endesa Generación According to the quarterly management report of the electricity company (186 million euros, the concept of patrimonial liability of the Administration for damage caused by the repealed norm and the other concept of interest 73 million).

The compensation demanded by Endesa was initially even higher. In 2016, the power company filed a patrimonial liability claim against the General State Administration and subsequently 285 million euros sought compensation. However, the National Court only partially upheld Endesa’s claim, leaving out some of the business that the company thought was also affected. It accepted not 97 million of assimilated physical contracts, but only 188 million claimed for impact on physical bilateral contracts for the sale of energy.

Cuts since 2006

The case goes way back. This The Zapatero government approved a cut in pay in 2007 Customers that electricity generators receive to compensate for the amount of CO2 emission rights they receive free of charge from the Manager – uniquely for the generation of gas power plants – but to whom the companies eventually internalize the electricity price and transfer it.

While the rule was in effect, all major electricity companies had to refund 1100 million euros for extra income in 2006, 50.6 million euros in 2007, 1,074 million euros in 2008 and an additional 436 million euros corresponding to operations in the first half of 2009. the amounts allocated in those years reduce the industry’s large tariff deficit (the mismatch between revenue and accepted costs, which has caused a huge debt of almost 30,000 million euros for customers with the system and continues to pay the bills of all consumers every month even today).

After a series of appeals and counter-objections, In 2014, the Supreme Court upheld the annulment of some articles of a 2007 ministerial decision. The Ministry of Energy, which is trying to regulate these returns, which the executive considers as extraordinary income. Government sources point out that currently only compensation has been awarded to Endesa. Like the electricity companies that have applied before and after iberdrola, they received the corresponding compensation years ago.

And after another crossroads of sources and arguments over the past six years between Endesa and the State’s Attorney over a patrimonial claim,a national audience finally convicted in 2020, It accepted compensation and issued two writs in January and February of this year. The Ministry of Ecological Transition agreed at the end of last month to execute that sentence and order compensation and payment of accumulated millionaire interest.

Impact of results

From Endesa, your company has already He took into account compensation in his calculations for the first quarter of 2021 (188 million extra Assuming the government would pay it by not appealing the final decision of the National Supreme Court on compensation, it was now shown as revenue from the sale of electricity in the wholesale market to which millionaire interest was added.

This is one of the reasons why Endesa presented results for the first quarter of this year with a 31% profit decline despite good operating progress, as a result of extraordinary revenue recorded as right of collection last year. The manager had to effectively order the payment that the company would now receive.

Source: Informacion


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