Unilateral Modification of the Energy Supply Contract or Contract Renewal?

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Changes to energy supply contracts are allowed, but under specific conditions only. With its decision of 22 December 2022, the Council of State clarifies the scope of application of Article 3-bis of the ‘Decree Aiuti bis’ (Law Decree No. 115/2022) following the joint public statement of ARERA-AGCM and the AGCM’s statement of October 2022.

The current international contingencies have fostered an exponential increase in energy prices as well as the emergence of a state of uncertainty among consumers and operators in the energy sector. In this context, the emergency caused by the surge in inflation due to the increase in the prices of energy supplies and the energy crisis led to the enactment of Law Decree No. 115/2022 (the so-called ‘Decree Aiuti bis’)…

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