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S.L. 545.34 · Electricity Regulations (S.L. 545.34)

S.L. 545.34 Art. 9Righttoswitchand rules on switching- related fees.

In KraftAmtlicher Text

(1) Switching supplier or market participant engaged in aggregation shall be carried out within the shortest possible time.

A customer wishing to switch suppliers or market participants engaged in aggregation, while respecting contractual conditions, is entitled to such a switch within a maximum of three (3) weeks from the date of the request. By no later than 2026, the technical process of switching supplier shall take no longer than twenty-four (24) hours and shall be possible on any working day:

Provided that the right to switch supplier shall not be exercised until such time that the derogation under paragraph 5 of Article 66 of the Directive applies.

(2) Suppliers and market participant shall not charge any switching-related fees to household customers and small enterprises;

(3) By way of derogation from sub-regulation (2), suppliers or market participants engaged in aggregation may charge customers contract termination fees where those customers voluntarily terminate fixed-term, fixed-price electricity supply contracts before their maturity:

Provided that such fees are part of a contract that the customer has voluntarily entered into and that such fees are clearly communicated to the customer before the contract is entered into:

Provided further that, such fees shall be proportionate and shall not exceed the direct economic loss to the supplier or the market participant engaged in aggregation resulting from the customer's termination of the contract, including the costs of any bundled investments or services that have already been provided to the customer as part of the contract. The burden of proving the direct economic loss shall be on the supplier or market participant engaged in aggregation, and the permissibility of contract termination fees shall be monitored by the Regulator.

(4) Customers shall have the right to switch supplier or market participants engaged in aggregation in a non-discriminatory manner as regards cost, effort and time:

Provided that the right to switch supplier shall not be exercised until such time that the derogation under paragraph 5 of Article 66 of the Directive applies.

(5) Household customers shall be entitled to participate in collective switching schemes:

Provided that the right to switch supplier shall not be exercised until such time that the derogation under paragraph 5 of Article 66 of the Directive applies.