Kosovo’s Commercial Court has postponed the implementation of the Energy Regulatory Office’s notification for entrance into the free energy market of two businesses, until a final court verdict—a decision that prompted business representatives to call for a full halt to energy market liberalisation.
The Kosovo Chamber of Commerce announced on Wednesday that the Commercial Court postponed the entrance of a local business into the free energy market, based on a decision by the Energy Regulatory Office, ERO, until a final court decision.
“This clearly shows that businesses were justified in raising their voices against ERO’s unjust policies,” the Chamber declared, encouraging affected companies to seek legal remedies.
The Chamber announced it also appealed to outgoing Prime Minister Albin Kurti, calling for immediate government intervention. Citing international trends in energy pricing, it called on the outgoing government to consider subsidies or transitional support for the private sector.
“European governments are already supporting their economies through direct aid and subsidies. Kosovo must follow this example to protect its businesses and overall economic stability,” the Chamber stated.
This is the second such decision by the Commercial Court.
The Chamber of Commerce also announced on Tuesday that the court ruled in favor of REKS L.L.C., a private company that had petitioned for temporary relief in regards to entering the free energy market. The company had argued that compliance with the ERO directive would result in severe financial hardship and the possible closure of its operations. This court decision has inspired requests to totally halt the ERO ruling.
“The company is already operating at substantial financial losses, and failure to grant temporary protection would further hinder its business, possibly leading to collective dismissals and the full closure of the enterprise,” reads the court decision, seen by Prishtina Insight.
However, the decision does not overturn the energy market liberalisation framework as a whole.
Nonetheless, the Chamber of Commerce, welcoming the court’s rulings, has urged ERO to halt enforcement of its directive until there is a clearer phased transition strategy in place.
“While we do not oppose liberalisation in principle, the process must be gradual, inclusive, and considerate of the current economic realities,” the Chamber stated on Tuesday.
The Kosovo Chamber of Trade and Industry also backed the court’s move, criticising ERO’s implementation strategy for being implemented without adequate consultation and a thorough market readiness analysis.
“ERO acted unlawfully by forcing over 1,300 companies into the open market without adequate analysis or consultation,” the Chamber of Trade and Industry argued on Tuesday.
ERO has claimed it will appeal the Commercial Court decision.
In a press release on Tuesday, ERO clarified that most court cases challenging the policy have been dismissed, except for the unique case involving REKS L.L.C.
According to ERO, a ruling from the Prishtina Basic Court, issued on June 19, rejected a separate proposal by the Chamber of Trade and Industry to suspend the energy market liberalisation notice, emphasising its non-binding nature.
Under a directive issued in April 2025, all businesses in Kosovo with more than 50 employees or an annual turnover exceeding 10 million euros must procure electricity independently on the open market as of June 1. These companies are no longer eligible for regulated tariffs.
Businesses that fail to sign a contract with a licensed supplier are assigned to the Supplier of Last Resort—currently the Kosovo Energy Corporation, KEC, which charges higher, unregulated rates. Failure to contract any supplier could result in being disconnected from the power grid.
Although Kosovo has 21 licensed electricity suppliers, the business community argues that the market lacks genuine competition and diversity. They say this has led to inflated prices and monopolistic conditions, which have been particularly harmful to medium and large enterprises.
Many companies fear the new model imposes unsustainable financial burdens.
The Chamber of Commerce has requested to negotiate with ERO on an energy ceiling—the maximum amount of energy that can be bought from the public energy company before businesses have to turn to the free market.
25 June 2025 - 17:31
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