The Collegium of the Supreme Court has dismissed the lawsuit filed by plaintiff F.M., B.I., known by the trade name N.T.P “ACN,” against the defendant, the Energy Regulatory Office (ZRRE). The plaintiff had requested the annulment of the Guideline for Consumers Entering the Free Electricity Market, but the court ruled the case inadmissible.
Through judgment PA.nr.24/2025, the court determined that the contested act does not contain elements of a normative sub-legal act, and therefore the conditions for further review of the contested act by the plaintiff are not met.
In this case, the contested act, the “Guideline for Consumers Entering the Free Electricity Market” published by the ZRRE, does not contain legally binding norms, but rather provides informative and advisory guidelines for consumers regarding the specific steps to transition to the free electricity market.
Consequently, the court clarified that this guideline is not a normative act, as it does not create, amend, or annul legal norms. Furthermore, it does not produce legally binding effects for the parties, and therefore cannot be the subject of a lawsuit seeking annulment as a sub-legal act, since it does not meet the legal criteria characterizing a normative legal act.
For this reason, the guideline cannot be subject to judicial review for annulment under the framework of controlling the legality of normative sub-legal acts, because it is not a normative act in itself but rather an informative document without binding legal effect.
The Supreme Court, referring to Article 10, paragraph 4 of the Law on Courts, stated that this court reviews such cases under revision and as both the first and sole instance regarding requests for annulment of a normative sub-legal act. All other claims of this nature are adjudicated in the first-instance courts, which are competent in such matters.
Link to the decision: Supreme Court Decision PA.nr.24/2025
