Arsov Natchev Ganeva has successfully represented Sofia water and wastewater system operator Sofiyska Voda before Bulgaria's Supreme Administrative Court in a dispute with the Commission for Energy and Water Regulation on determining the rate of return for Sofiyska Voda in the 2022-2026 regulatory period.
According to the firm, on July 26, 2023, the Supreme Administrative Court issued a final ruling confirming the decision of the Sofia City Administrative Court on the appeal brought by Sofiyska Voda, the concessionaire of the water and wastewater system of Sofia.
With the ruling of the court, the decision of the Commission for Energy and Water Regulation is repealed as issued, Arsov Natchev Ganeva announced. "The court ruling contains very important conclusions with respect to the mandatory obligations of CEWR in cases where the water operator is also a concessionaire [...] In determining the rate of return for the concessionaire operator, [the regulator] is obligated to take into consideration the specifics of the company, including the effective concession agreement, and review it separately from the other operators."
In addition, "for the first time in Bulgarian case law, [the court] provided guidance and analysis on issues related to the economic balance of concessions," Arsov Natchev Ganeva reported.