The abstract of the judgment (The judgment is available only in Georgian). Abstracts published by the Constitutional Court of Georgia summarise the facts of the case and key legal considerations of the judgment.

Abstract

On 28 December, 2017, the Second Chamber of the Constitutional Court of Georgia did not uphold the constitutional complaint (registration №745) of the LLC “Georgian Manganese” v. The Parliament of Georgia.

The disputed rule provided the obligation of purchase of the guaranteed power and payment of its price for various subjects, including the direct consumers of the electricity. The complainant pointed out, that the payment of the price of guaranteed power is a heavy burden to bear and the mentioned price should not be paid in proportion to the consumed electricity.

The Constitutional Court indicated, that the price of the maintenance of the guaranteed power, as the necessary cost for well-functioning electricity system is the part of the price of the consumed electricity. Some electricity consumers pay the above price as part of the electricity tariff, while others pay it separately. Thus the Court did not find it unreasonable to pay the above price proportionally to the consumed electricity. The Court also indicated that in case any of the electricity consumers does not pay the above price, it would be necessary to divide their share of payment among other consumers, which would unfairly increase their obligation.