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Friday, September 22, 2023

Clifford secures victory for Endesa before Supreme Court

Clifford Chance´s Public Law team has successfully represented Endesa before the Supreme Court, obtaining the second favourable judgement for the department under the new cassation appeal regime

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This dispute was about determining the competent jurisdiction to hear billing claims in electricity supply contracts and clarifying the payment obligations of the contract holder when it is not the actual consumer.

Thanks to the firm´s defence, this will put an end to a large number of claims that had been brought before the Administration by the holders of supply contracts claiming not to assume the payment of the energy supplied in cases of subrogation of the contract to a third party without prior notification to the supply company. With this ruling, they will be forced to go to the civil courts.

Jaime Almenar, partner and head of the Public Law practice in Spain, and one of the recognised Top 100 Energy Legal Dealmakers, and lawyer Clara Alcaraz successfully defended Endesa’s interests.

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