Nelegalitatea decuplării energiei electrice, ca urmare a solicitării de a se negocia clauze neesenţiale

Prof. univ. dr. Tiberiu MEDEANU

Universitatea de Vest din Timişoara

Facultatea de drept

ABSTRACT

A company’s electricity supply was cut off without notice on the grounds that it had raised some objections to non-essential clauses in the contract it had signed and sent to the supplier. For several months, there was no response to the negotiation proposals and the competent authority to resolve the dispute was not indicated, whose name was not specified in the contract.

After almost a year, the supplying company was sued in court to be forced to resume the supply of electricity.

After another year, the action was rejected by the court, with the summary reasoning that the plaintiff company refused to sign the contract, and in the absence of the contract, electricity should no longer be provided.

The court’s decision is groundless and illegal, because it did not take into account the fact that...