The National Court resolves that ACS must return 210 million euros for the Castor project

MADRID, 21 Sep. (EUROPA PRESS) -

The National Court has dismissed an appeal presented by Escal UGS, the company that developed the Castor project, 67% owned by ACS and 33% owned by the Canadian Dundee Energy, forcing it to return 210 million euros to the gas system.

Escal presented the appeal to a resolution of the National Commission of Markets and Competition (CNMC) of 2019, in which he was required to reimburse 195 million euros (without interest) for the settlements that were delivered to him as compensation. compensation for the closure of the project.

The supervisor requested this refund after the Constitutional Court declared null and unconstitutional in 2017 the compensation of 1,350 million euros to Escal approved by the PP Government in 2014 and appealed by the Parliament of Catalonia, the Catalan Generalitat and by more than fifty PSOE deputies.

The Government at that time decided to close the Castor underground gas storage when several seismic movements were detected during the cushion gas filling phase. The approved compensation would be reflected in the gas rate for 30 years. The 210 million that will have to be returned correspond to the final settlements of 2014, 2016 and 2017.

Among Escal's arguments for presenting this appeal was a reproach of the CNMC's incompetence to process and resolve the ex officio review procedure.

However, the ruling does not share this criterion and qualifies the regulator as an independent administrative authority, since it carries out the functions assigned to it in the gas sector with full autonomy from the Government and the General Administration.

The sentence also condemns Escal to pay the procedural costs, although the result is subject to appeal.

In its 2019 resolution, the CNMC also demanded that Banco Santander return another 71.9 million, CaixaBank 48 million, Enagás 32.4 million and Bankia 21.1 million euros.