El Tribunal Supremo estima que las eléctricas han de cobrar el euríbor más un diferencial por perjuicio patrimonial al financiar el déficit
Así consta en una serie de sentencias publicadas por el Boletín Oficial del Estado (BOE), tras los respectivos recursos contencioso-administrativos presentados, en primer lugar por Endesa, y posteriomente también por Gas Natural Fenosa y la patronal del sector, Unesa.
Estas sentencias anulan, «por su disconformidad a derecho», el párrafo tercero de la disposición adicional octava del Real Decreto 485/2009, de 3 de abril, a tenor del cual «el importe de los intereses (de los derechos de cobro correspondientes al déficit de ingresos de las liquidaciones de las actividades reguladas del sector eléctrico generado en 2006) será anual, aplicando el euríbor a tres meses de la media de las cotizaciones del mes de noviembre del año anterior al importe a recuperar a 31 de diciembre de cada año«.
El Supremo exige que se aplique «el euríbor más un coeficiente adicional», habida cuenta del coste que las eléctricas asumen para financiar los importes que han adelantado, a un tipo siempre superior al euribor, por lo que sufren un perjuicio patrimonial que no tienen obligación de soportar.
El Tribunal falla, además, no hacer imposición de costas. De este modo, el Supremo da la razón a las compañías eléctricas, que denunciaron el tipo de interés a cobrar por asumir la deuda que los clientes contraen, al no pagar la electricidad a su precio real.
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