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Case C-310/24, Elektrorazpredelitelni mrezhi Zapad: Judgment of the Court (Ninth Chamber) of 5 June 2025 (request for a preliminary ruling from the Sofiyski rayonen sad – Bulgaria) – YL v Elektrorazpredelitelni mrezhi Zapad EAD (Reference for a preliminary ruling – Internal market for electricity – Regulation (EU) 2019/943 – Directive (EU) 2019/944 – Scope – Electricity consumption inaccurately measured owing to meter malfunction – Billing on the basis of estimated electricity consumption – Consumer rights – Directive 2011/83/EU – Scope – Unsolicited supply)
ECLI:EU:UNKNOWN:62024CA0310
62024CA0310
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Official Journal of the European Union
C series
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C/2025/4022
28.7.2025
Judgment of the Court (Ninth Chamber) of 5 June 2025 (request for a preliminary ruling from the Sofiyski rayonen sad – Bulgaria) – YL v ‘Elektrorazpredelitelni mrezhi Zapad’ EAD
(Case C-310/24,
(1)
Elektrorazpredelitelni mrezhi Zapad)
(Reference for a preliminary ruling - Internal market for electricity - Regulation (EU) 2019/943 - Directive (EU) 2019/944 - Scope - Electricity consumption inaccurately measured owing to meter malfunction - Billing on the basis of estimated electricity consumption - Consumer rights - Directive 2011/83/EU - Scope - Unsolicited supply)
(C/2025/4022)
Language of the case: Bulgarian
Referring court
Parties to the main proceedings
Applicant: YL
Defendant: ‘Elektrorazpredelitelni mrezhi Zapad’ EAD
Operative part of the judgment
Article 18(1), (7) and (8) of Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity and Article 10(4), Article 46(2)(d) and Article 59(1)(a) of Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU
must be interpreted as not governing the legal consequences of the malfunctioning of an electricity meter and are not therefore applicable to a situation in which, owing to such a malfunctioning, it has not been possible to measure accurately the amount of electricity consumed by a residential customer and a sum corresponding to an estimated electricity consumption has been billed to that customer.
Article 27 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council,
must be interpreted as not applying to a situation in which payment is demanded from a consumer for electricity provided in accordance with a valid contract, consumed, but not accurately measured owing to the malfunctioning of a meter.
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(1) OJ C, C/2024/4714.
ELI: http://data.europa.eu/eli/C/2025/4022/oj
ISSN 1977-091X (electronic edition)
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