La financiación del déficit del sistema eléctricoJurisprudencia reciente y regulación en la nueva ley del sector

Abstract

The origin of the deficit of the electricity system dates from 2000 due to certain decisions regarding the price of the electricity bill. That gave place to a situation in which the incomes of said system were far lower than the regulated costs. From that date, the deficit has grown and, today, said deficit amounts to 26 billion euros. Several judicial resolutions of the Audiencia Nacional, upheld by the Supreme Court, denied that the obligation imposed to the parent companies of the major electricity groups to finance the deficit should be considered discriminatory. Nevertheless, according to the new Law 24/2013, the deficit from 2014 onwards will be financed by all subjects of the electricity system, with certain limits, and in relation to their retribution.