"Both of the disputed conducts appear in part to comply with the professional diligence demanded by Arera and in the other part not capable of significantly influencing consumers' choices: it follows that neither of the two commercial practices can be considered aggressive". It is the motivation with which the Tar of Lazio canceled the sanctions for a total of 2 million euros imposed in 2015 by the Antitrust ad Acea Ato 2 (1,5 million) e Gori-Optimal management of water resources (500 thousand euros) for unfair commercial practices in the water service.
In detail, the Competition and Market Authority, following some reports from consumer associations, ascertained two specific unfair commercial practices, believing that the companies in question had induced users to pay undue sums with respect to the water actually consumed, threatening to interrupt the supply in the event of non-payment of the outstanding payments, and had hindered the exercise of the contractual rights of which the users are entitled, always fearing the disconnection of the supply.
According to what has been learned from Ansa, for the Tar the examination of all the terms of the matter "allows us to affirm the non-existence of the disputed aggressive commercial practice, the invoicing procedures being correct, the methods of collection reasonable and the threat of the detachment". And for the rest "the consumer's freedom of choice is not in any way restricted". In summary, according to the administrative judges "both of the contested conducts appear in part to comply with the professional diligence demanded by the Arera and in the other part not able to significantly affect the choices of consumers: it follows that neither of the two commercial practices can be considered aggressive ”.
