316 / 522
Appeal Chamber that corporate persons may request and collect reim-
bursement of lost/illegal use costs. In this case as well, the authorized
representative of a corporate person may obtain the details of the elec-
tric energy consumption, retrospectively, for 12 months from the sup-
plier company and, subsequently, request reimbursement of lost/illegal
use costs through the Court.
Conclusion
Although this positive judgment by the Court of Appeal befits the
principles of the state of law, the precedents set by this judgment may
be blocked under a parliamentary bill brought before the Turkish
Grand National Assembly.
A provision proposed under the said parliamentary bill paves the
way to add the payments made as reimbursements, as well as the court
costs of all cases in regard to reimbursement of the cost of lost-elec-
tricity, to date, to new bills issued in the future and, therefore, collect
them from the consumers. Under temporary Article 19 that is stipulat-
ed to be added to the Law, the provision that “the reimbursements and
the expenses specified in the court judgments that have been made by
the distribution company or the supplier on the basis of the judgment
by the court and consumer arbitration tribunal, shall be realized
through the distribution tariffs.” This provision does not comply with
the abovementioned principles of law, and betrays the trust in the state
of law.
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NEWSLETTER 2015