The American Chamber of Commerce in Kosovo (AmCham) has called on the Energy Regulatory Office (ERO) to immediately suspend the implementation of its contested market liberalization measures. AmCham’s demand comes as it awaits the judiciary’s final clarity on all related appeals.
Court Rulings Prompt AmCham’s Call
AmCham’s statement follows recent court decisions that have suspended the execution of ERO’s decisions, reiterating concerns about the energy market liberalization process. In at least two separate instances, the Kosovo Commercial Court ruled in favor of individual companies challenging ERO’s decisions, effectively suspending their implementation until a final verdict.
“What is particularly important is that two different judges, in separate legal cases, have reached the same conclusion: the suspension of ERO’s decisions pending final judgments. This consistent judicial approach reflects concerns about the potential impact of these decisions on the market, and as such cannot be ignored as accidental or specific to one or two cases,” AmCham stated.
Ensuring Legal Certainty and Fair Treatment
While these rulings currently apply only to a limited number of companies, AmCham emphasized that their implications extend much further. The Chamber argues that ERO’s continued implementation of liberalization measures, while some companies benefit from court-ordered suspensions and others await rulings or initiate legal procedures, creates an environment of legal uncertainty and economic discrimination.
AmCham firmly believes that reforms, particularly in the energy sector, must be guided by principles of justice, predictability, and equal treatment under the law. The American Chamber of Commerce asserts that only a fair, transparent, and fully functional market can offer a sustainable path forward, where all companies, regardless of size or legal capacity, operate on equal terms.
