INKA summonses to the courts on June 1 for the adjustment clause

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On June 1, 2022, the Collective Lawsuit and the application for injunctions of INKA-General Consumers ‘Federation of Greece and the Consumers’ Union of the Prefecture of Etoloakarnania against PPC SA, regarding the adjustment clause, are being heard before the Athens Multi-Member Court of First Instance.

For this reason, INKA with its announcement today reminds that:

– The Secretariat of Collective Education will remain in operation today, Saturday 28-05-2022 and Sunday 29-05-2022, from 09:00 to 17:00 to serve consumers who wish to take part in the Collective Claim .

– The participation of consumers in the legal actions concerning the specific provider -even via email- will be possible until Sunday 29-05-2022 at 22:00. From that point on, there will be no time required to evaluate the documents from his legal team of INKA-General Consumer Federation of Greece.

“We invite consumers to a mass presence at the Athens Court of First Instance on 01-06-2022. Because this clause should not be paid, it should not be suspended. This clause should be removed. And this can only be done by Justice “, as INKA notes.

INKA summons to court on June 1

Meanwhile, the INKA of the General Federation of Consumers of Greece notes in an earlier announcement that “unfortunately, as a complaints center, we continue to record complaints and consumer complaints about the adjustment clause that energy companies charge”.

That is why INKA General Federation of Consumers of Greece asks everyone to follow the path of collective action against companies and adds that “the great participation of citizens of all categories is imperative.”

He also notes: “Home consumers, catering professionals coffee ovens traders handicrafts industries farmers farmers breeders lawyers lawyers journalists channels media newspapers radios is our greatest opportunity to subscribe and get our money back from the refund clause.

Together we can make a difference, all together for the great victory of the Consumers.

And let’s not forget consumers are all of us. You see that profiteering and speculation have no borders… All together on June 1 in the courts of Evelpidon at 9 o’clock in the morning. Victory is right and it will come. Not in resignation. “

ARAG for the adjustment clause

The claims for the adjustment clause do not lose their meaning and value regardless of the government’s announcements.

This is underlined in an article entitled “What’s the end of the energy bills adjustment clause?” of the legal protection company ARAG SE and the real estate company DAEDALUS, with a distinct presence in our market as an insurance and reinsurance broker.

The article notes that after studying many cases that reached the legal service of ARAG in Athens, Patras and Thessaloniki and in consultation with the management of the company, a discussion took place with lawyers who specialize in Consumer Law and deal with the issue of its abuse. adjustment clause, exorbitant charges on electricity bills, etc.

After this communication the following are highlighted:

– A lawsuit has already been filed by the Consumers’ Union EKPOIZO, which is being discussed in the Athens Court of First Instance on 01-06-2022, unless the hearing is postponed.

– An application for precautionary measures has already been submitted by INKA and an application for precautionary measures will be submitted immediately by EKPOIZO, with the same request for the misuse of the clause (which will be requested to be discussed also on 01-06-2022, same date as the lawsuit).

– Intervention of the Coordinating Committee of the Plenary Session of the Presidents of the country’s Bar Associations has been reported in support of the above.

Regarding the announcements of the Government, that the adjustment clause will be abolished from 01-07-2022 onwards, let us emphasize that this is not a abolition, but a suspension of the clause for one year. It is argued that, during this year of its suspension, the clause is not abolished, but the way it is calculated changes. In short, there is a ceiling on the amount of retail and the surplus will be subsidized by the State. Therefore, the current claims do not lose their meaning and value.

– Those who do not pay their bills, or pay only the amount of the value of electricity consumption, without paying the amount corresponding to the clause, risk having their electricity cut off. Therefore, they are not secured in this way, as their accounts become overdue. Also, those who have already settled with the power supply companies, old debts from their accounts, can not leave the current bills unpaid, as they will also become overdue and will be deducted from the regulation.

– Exceptionally, two Provisional Orders of the Single-Member Court of First Instance of Patras are mentioned, on 13-05-2022, which require the companies to abstain from any power outage against consumers, provided that the consumers will pay the other current and future charges. accounts, other than the amounts corresponding to the adjustment clause. These consumers fall into the category of vulnerable groups. Of course, the discussion of the Precautionary Measures and the issuance of final decisions are pending.

In the face of the situation so far, the strategy of ARAG HELLAS is, after the insured pay their bills, to be prepared out of court by notifying RAE, subject to further actions regarding the abuse of the clause.

In addition to the out-of-court settlements, the company has, on a pilot basis, filed some lawsuits requesting the return of the amount corresponding to the adjustment clause.

“This is our approach to date, as mentioned in the article, as we have to wait for the decisions of both the Ordinary Procedure (Lawsuit) and the Precautionary Measures, so that there is a Case Law, according to which we will consider the possibility. further actions and claims.

It is also our intention to consider collective action for these cases.

“Law firms that deal extensively with such cases, also proceed out of court like us and suggest to their clients to wait for a court decision, so that there is solid legal ground, in order to study further moves”, as the company notes.

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