Ombudsman Diana Kovacheva

Diana Kovacheva was born in Sofia in 1975. She graduated in law from Sofia University "St. Kliment sent a letter to the chairman of the Commission for Energy and Water Regulation (KEVR) Ivan Ivanov, in which he asked why without public discussion the Regulator approved on March 10 th .g. the general terms and conditions for the sale of electricity to "Electrohold Sales" EAD, the department announced.

The Ombudsman also draws attention to the fact that as of March 20, 2023, no information about this has yet been posted on the Commission's website, which violates the principles of publicity and transparency, which KEVR should observe when carrying out its activities.

Prof. Kovacheva is categorical that the procedure for approving the general terms and conditions of "Electrohold Sales" EAD did not comply with the law, which is evident from the Report entry No. E-DK-2048#1/10.11.2022 of the working group .

The arguments of the Ombudsman are that no public discussion was held in accordance with Art.

14, para.

1 of the Energy Law, according to which "The Commission conducts a procedure for public discussion with the interested parties in the preparation of general administrative acts provided for in this law..." Indicates that the decisions of KEVR approving the general conditions of the companies are general administrative acts acts.

In this sense is the uncontroversial judicial practice.

"The public discussion conducted by the energy company is an additional stage of the procedure, which is provided for by Ordinance No. 3 of 21.03.2013 for licensing activities in the energy sector," writes the public defender.

Prof. Kovacheva also emphasizes that the report of the working group does not establish the fulfillment of the requirement of Art.

148, para.

2 of the Consumer Protection Act: "When a regulatory act stipulates that a state authority approves the general conditions of contracts with consumers and their subsequent amendments, they are sent to the Commission for Consumer Protection for an opinion on the presence of unfair clauses."

The state authority approves the general conditions of contracts with consumers only if the Consumer Protection Commission approves the general conditions provided to it and after assessing that they do not contain unfair clauses within the meaning of this chapter."

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It indicates that under the Energy Law, the Regulator approves the general conditions of the contracts provided for in this law, and their approval by the Commission for the Protection of Consumers for Unequal Clauses is a mandatory condition for this.

Diana Kovacheva

KEVR