Post by account_disabled on Mar 11, 2024 22:52:00 GMT -5
A contractual imbalance occurs when the use of electrical energy is less than 50% of that contracted, and the consumer unit can only pay for the energy used.
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Given the ban on club activities, Internacional may review the energy supply contract
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With this understanding, the 4th Civil Chamber of the Court of Justice of Rio Grande do Sul determined the suspension of payment of the tariff related to the contracted electricity demand, from March 2020 until the end of the restrictions — including regarding installments already paid.
Sport Club Internacional Portugal Mobile Number List contracted, with an electricity supply concessionaire, the supply of 2,500 kW of energy, with a commitment to full payment even in the case of partial consumption.
Due to the Covid-19 epidemic, the club's activities were banned, leading to a reduction of more than 70% in electricity consumption. He filed a lawsuit seeking to readjust the charge for the electricity franchise, but the request was dismissed in the first instance.
In the appeal, the defense claimed the need for contractual adjustment due to unforeseeable circumstances or force majeure. He said the contract had become excessively onerous as a result of the pandemic. He pointed out the possibility of offsetting differences in future invoices, in accordance with the tenth clause of the contract.
The reporting judge, Francesco Conti, stated that it is possible to modify the charging method to apportion losses between the parties due to contracted and unused demand. This position is based on the hypothesis of involuntary non-performance (act of God or force majeure), which is expressly contemplated in the contract signed by the parties.
"Effectively, the global coronavirus pandemic is a case that gives rise to involuntary non-execution of obligations, understood as that caused by a necessary fact with inevitable effects or that the parties cannot prevent", highlighted the rapporteur.
For the judge, in addition to unforeseeable circumstances or force majeure, contractual imbalance must occur in order to review the contract. In the case at hand, the suspension of the activities of sports associations, as is the case of the plaintiff, highlights the significant reduction in contracted demand, which authorizes the aforementioned contractual realignment, he pointed out.
Conti established a time limit for the aforementioned contractual readjustment, considering that the initial term is March 2020. Likewise, the measure must last as long as operating restrictions are maintained as a result of the Covid-19 pandemic. Internacional was represented by the firm Aloísio Zimmer Advogados.