After suspending, in August 2024, the retroactive collection of ICMS (Tax on the Circulation of Goods and Services) on solar energy systems, the Justice Department of Paraíba has now ordered Energisa-PB to reimburse, in double and with equivalent monetary correction, the amounts unduly charged between September 2017 and June 2021.
The decision responds to a lawsuit filed by the MPPB (Public Prosecutor's Office of Paraíba), which classified the charge as abusive and contrary to... CDC (Consumer Protection Code) and to Resolution No. 1000/2021 of ANEEL (National Electric Energy Agency), since, administratively, the distributor could only charge debts relating to the three cycles immediately preceding the invoice.
In addition to reimbursement, the distributor is prohibited from making new retroactive charges, including consumers in defaulter registries, and suspending the energy supply due to these debts.
The ruling also imposed a fine of R$ 50 on the company for collective moral damages, to be allocated to the FEDC (State Consumer Protection Fund).
In a statement, Energisa-PB informed that, upon being "officially notified of the decision," it will assess the appropriate legal measures. The distributor also highlighted that the disputed charge, stipulated in State Decree No. 36.128/2015, affected "less than 0,5% of customers with distributed generation in Paraíba."
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