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A bakery in the capital of São Paulo managed to get a 40% discount on its electricity bill. The electricity company — Enel — then appealed the decision (made under emergency protection). The appeal, however, was rejected by the 22nd Private Law Chamber of the São Paulo Court of Justice. The decision was unanimous. According to the case's rapporteur, judge Roberto Mac Cracken, the bakery, which employs 140 workers, was able to prove that the isolation measures resulting from the Covid-19 epidemic reduced its revenue by 40%.
He also demonstrated that, if the electricity bill was Binance App Users Data not deducted, there would be damage that would be difficult to repair. "Once a drop of a little more than 40% in the appellant's revenue has been demonstrated, the solution adopted by the learned Magistrate a quo, in summary judgment, appears to be appropriate and proportionate, as it grants a 40% discount on the values of electricity bills until the end of the quarantine", said the judge in his vote. In addition to the discount, the first degree decision also determined that, after the quarantine, the bakery must pay the monthly bills with an increase of 15%, to gradually pay off the outstanding debt, until the outstanding amount is fully settled — which also was maintained by TJ-SP.
Therefore, Enel's credit was not extinguished, a reason also highlighted by the second degree decision. Other arguments The TJ-SP also had to face the hypothesis, raised by the appellant, that the first degree decision was contrary to the principle of equality, as there would be different treatment between consumers. But this thesis did not succeed: "the fact that the appellant needed a temporary reduction in the value of electricity bills is not, in itself, a fact that reveals unequal treatment between the appellant's customers, even because, in casu, there is proof robust need to grant the discussed urgent relief, under penalty of threatening the subsistence of the company's activities", said Mac Cracken.
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發表於 2024-3-3 18:59:29