Instead of investing in the rehabilitation of CHPs and distribution networks, many mayoralties waited for their bankruptcy and chose to fight wars in court, in an attempt to get out of debt and recover the lands, buildings and other assets of CHPs, with a view to setting up new companies.
Some have managed, through justice, to claim the patrimony of the companies (Pitești, Oradea, Brașov). Others, such as those in Iasi, Suceava and Bacau, have lost or are about to do so, says Florin Dragomir, associate coordinator of Sierra Quadrant, the representative of the judicial liquidator of CET SA Bacau.
”Many of the decisions taken in court are controversial, the magistrates deciding in favor of the “state”, although the essential documents were missing from the files. The laws were interpreted in an at least original way, in some cases a government decision being considered stronger than the law of commercial companies, the example from Pitesti being perhaps the most relevant in the matter,” explains Florin Dragomir.
”In the case of Bacău, we managed to win the first round against the City Hall in the case in which it claims the entire patrimony of CET SA, composed of almost 68 ha of land and dozens of constructions and equipment specific to the production of thermal and electrical energy. The local authorities set up CET SA with a share capital of 53,800,780 lei – by taking over the assets and liabilities of the Bacău Power Plant Branch within Termoelectrica SA. If the liability was taken over without comments in the company’s balance sheet, on the assets side, they claimed, in 2015, that it belonged to the municipality. The sentence on the first instance proved that they were wrong. In civil law, the state has the same rights and obligations as any other party, and the establishment act is a company contract, with rights and obligations, the share capital and other elements mentioned in the Trade Register being opposable to third parties,” said the liquidator’s representative.
Another common denominator of all processes related to CHPs – the vast majority of debts are owed to the Ministry of Finance/ANAF/AVAS and ANRSPS.
”Only at CET Bacău, the state’s receivables exceed 20 million euro. By the counterclaim, I requested the court, in case it will admit the action of the City Hall, to order their obligation to pay the liabilities taken over on the date of establishment. You can’t take back the assets if you don’t put something in place, respectively their value equivalent from liabilities,” Dragomir also said.
In Bacău, the decision is in the first instance, as the legal war will continue. The same goes for Bucharest, where the dispute between ELCEN and the Municipality (RADET) came before the judges.