“illegal exploitation”
A judge from Valls has been summoned to testify as a defendant on February 13, representing Endesa Distribution, while three former directors face charges of ongoing fraud and embezzlement related to allegations connected to a breach of an electricity supply contract. The case centers on Endesa and its involvement in a plan to develop an industrial area in Vila-Rodona, located in Alt Camp, Tarragona. The complaint, filed by a company that suffered losses and accepted in February 2021, contends that the power company did not intend to fulfill its obligations from the outset. It argues that Endesa created a false impression to obtain profits and illicit advantages, portraying the situation as a straightforward capture of benefits. An Endesa spokesperson described the statements as part of the normal progression of the case and expressed a readiness to explain and clarify the facts. The company stated that it complies with judicial requirements and asserts there is no criminal element involved.
The events trace back to 2007. Although the contract signed that year indicated that the facilities would support more capacity than initially required, Endesa agreed to supply 21,697 kilowatts (kW) to realize the industrial zone project. The complaint, signed by attorney Manuel González Peeters, claims that approximately 55,000 kW were involved, with the construction company responsible for covering the about 3.2 million euro cost of the substation. The contract indicated that the 33,302 kW excess Endesa needed to contract was potentially available to other Endesa customers, but the funds were ultimately transferred to the construction company that financed the installation.
The construction company defends itself against the complaint, while Endesa has proposed a maximum compensation for the overage exceeding 1.9 million euros, corresponding to the investment cost. The company allegedly pressed to achieve a higher available capacity of 33,302 kW, with the 2011 power lines brought into service and the construction company able to recover 714,653 euros from third parties linked to its own supply. The document also notes that Endesa customers had connections not disclosed to the construction company and that Endesa, unilaterally and without explanation, claimed 203,000 euros plus VAT.
The central accusation is that Endesa secretly used facilities funded by the construction company and profited from them, constituting an alleged illegal exploitation of substantial sums of money. The text emphasizes that the amount Endesa sought was not limited to a single period, suggesting ongoing illicit activities and continued monetary damage.
The complainant is the entity that received compensation rights from the construction company under a contract with Endesa. Prosecutors argue that Endesa employed several methods potentially contrary to current law, continuing monetary losses and compelling the construction company to contract for and pay for a service of a size that was not essential. The complaint asserts that the excess electricity was used to extract monetary sums and claims that Endesa improperly seized funds that should be returned to the construction company. It also questions the construction of the electrical installation, noting that the Puigpelat substation existed already, its capacity and current conditions being uncertain because the project was paid for by the construction company responsible for the property.