Sharing common expenses in a condominium building

According to the Court of Justice of the European Union, apartment owners in a condominium must contribute to the cost of heating the common parts

The Court of Justice of the European Union (CJEU) addressed this issue in connection with a dispute involving neighbours who owned apartments in a condominium and refused to pay the charges assessed for heating the common parts.

The ruling concerns only buildings connected to a district heating system. It applies even to owners who did not order heat and do not use it in their own apartment. Applying the relevant directives, the Court held that EU law permits each owner’s bill for that thermal energy to be calculated separately by reference to the heated volume of the apartment.

In reaching that conclusion the Court examined the term “consumer”. This includes customers of the energy supplier who own apartments or hold rights in rem to use property in the connected building, insofar as they are individuals acting outside their trade or business. It also examined “unsolicited supply” under Directive 2011/83: that term does not cover heat supplied to the building’s internal installation and thus to its common parts following the condominium owners’ decision to connect to district heating. The Court also noted that under Directive 2006/326 Member States must ensure that, where technically feasible, individual meters are installed and used to measure end users’ actual energy consumption accurately. Energy used to heat the common parts of the building must also be taken into account.

If you dispute the billing method or the consumption charged by a heat distribution company, you can seek advice from a lawyer experienced in claims against monopoly suppliers, including energy distribution companies, to protect your rights and legitimate interests effectively.

This article does not provide a legal opinion or advice about any specific person or situation, and the author does not claim to cover the subject exhaustively. If you need lawyers experienced in representing consumers in court and practising energy law, you can contact Tomovi Law Firm.