Abbanoa can restart with the collection of regulatory adjustments. This was established by the Court of Appeal of Cagliari, section of Sassari, which with an order suspended the effectiveness of the sentence of the Court of Nuoro which had defined the proceeding initiated by Adiconsum Sardegna attempted to prevent Abbanoa from recovering the amounts due by users for the period 2005-2011. The decision of the Court of Nuoro had precluded the manager from requesting payment of the so-called "past items" invoiced by Abbanoa between 2014 and 2015.

The water management company had appealed the verdict, asking for a suspension. According to a note, the judges of the second level accepted "believing that the ruling of the Court of Nuoro could have a negative impact on the operations of the Integrated Water Service of Sardinia".

The order of the Court of Appeal, it is written in the provision, establishes that "it is undisputed that Abbanoa, the sole manager of the water service for Sardinia, has about 728,000 users and that the billing of past accounts in the region alone concerns unquestionably considerable amounts, indicated by the company in the substantial amount of 106 million euros. However, it is sufficient to consider the considerable amount of this amount to deduce the serious effects that the granted injunction can have on the economic and financial balance of the company itself, such as to negatively affect the regular provision of an essential service".

The legitimacy of the so-called "previous items", the Viale Diaz offices let us know , "had already been recognized by the United Sections of the Supreme Court of Cassation which in October 2022 had affirmed an important principle of law, establishing that the "regulatory adjustments" they implement the community precept which requires the Managers to fully recover the costs deriving from the Water Service, the so-called "Full cost recovery"».

The Spa reiterates that "the regulatory adjustments are a component of the tariff aimed at recovering costs that the companies had incurred between 2005 and 2011. In 2014, these adjustments were quantified and approved at the regional level by the Area Authority (Egas) and charged by Abbanoa in the manner established at national level by the Electricity, Gas and Water Service Authority (Aeegsi)».

Henry Fresu

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