2018
Court confirms the sanction of 18,4 Nuclenor million by the unilateral cessation of Garoña
Campoamor / 0 Comments /The Contentious-Administrative Supreme Court, in sentence number 1606/2018, of 12 of november, He has confirmed the
Nuclenor turned agreement to the National Court Competition, which dismissed the appeal in June 2016, and then he appealed the ruling of the Court to the Supreme Court, who rejected, among other reasons, not sharing in the case concur budget "unforeseen circumstances" that would have allowed to exclude the need for communication of the decision discontinues the operation in advance a year.
In this regard, the judgment of the High Court, now confirmed, He noted that it could not be considered a technical circumstance, likely to be an unforeseen cause, the derivative of the entry into force of legislative reform appreciably affecting the taxation of nuclear power plants.
He according picked the same sentence, Nuclenor the decision to cease the operation was adopted on 14 December 2012, and communication of the agreement, however, did not occur until after 14 días.
"The recurring -destacó Hearing- He followed a policy of fait accompli, inform the Ministry limited to its unilateral decision to cease, communication, further, did not take place until 28 December 2012 (…), on the occasion of the publication of the Law on Fiscal and, what penalties outlined in the Resolution, when the fuel discharge process was already concluded from the above 22 December, so that the unavailability of power Garoña was already an irreversible fact in 2012 ".
The Supreme indicates that the sanction decision correctly applied the rate specified in Article 60th).20 de la Ley 54/1997, of 27 of november, Electricity Industry, with full respect to Article 129 de la Ley 30/1992, of 26 of november, Legal System for Public Administration and Common Administrative Procedure, "To the extent that there is complete agreement between the execution of the business decision to cease the operation of the nuclear power Garoña has meant a reduction in production capacity of the electrical system 455,9 MW and unlawful conduct described in that article 60TH).20 of the Electricity Industry Act 1997 ".
Also, considers not the principle of proportionality was infringed by the amount of the penalty, taking into account inter alia the impact on the security of electricity supply and affecting the electricity market.
noticias.juridicas.com
