Disputes on Consumption Measurement: Analysis of Ordinance No. 17401 of 2024

The recent ordinance no. 17401 of June 24, 2024, from the Court of Cassation provides important clarifications regarding the supply of electricity and the burden of proof in the event of consumption disputes. This ruling is set within a complex legal context, where the user's right to contest charges based on measurements made through a meter is emphasized, establishing rights and duties for both providers and users.

The Content of the Ruling

The ruling's summary states:

Measurement of consumption by meter - Acceptance by the contracting parties - Distribution of the burden of proof - Possibility for the user to contest the malfunction of the instrument - Burden of specific contestation - Content. 160001 SUPPLY (CONTRACT OF) - IN GENERAL (DEFINITION, CHARACTERISTICS, DISTINCTIONS) In general.
Essentially, the obligation of the provider to charge costs based on meter readings does not exclude the user's right to request a verification of the accuracy of such readings if they suspect a malfunction. This right is particularly relevant in an era where energy consumption is under constant scrutiny for both economic and ecological reasons.

Burden of Proof and Contestation

A crucial aspect of the ruling pertains to the burden of proof. The Court emphasizes that the user not only has the right to contest but must also demonstrate, even through presumptive data, lower consumption compared to what is indicated on the bill. It is therefore essential that the user keeps previous bills and can compare consumption data to support their position. In this regard, the ruling refers to:

  • Art. 1218 of the Civil Code, concerning the debtor's liability;
  • Art. 1559 of the Civil Code, relating to supply contracts;
  • Art. 2697 of the Civil Code, which establishes the distribution of the burden of proof.

These articles provide a clear legal framework that allows the user to assert their rights in the event of a dispute.

Conclusions

In conclusion, ordinance no. 17401 of 2024 represents a significant step in recognizing users' rights regarding the supply of electricity. It reaffirms the importance of transparency and accuracy in consumption measurements, urging providers to ensure that the metering system is always correct. At the same time, it provides users with a useful legal framework to assert their claims, highlighting the importance of a well-documented contestation supported by concrete data.

Bianucci Law Firm