Liability for damages caused by deficient electricity supply: the supplier is liable to consumer without prejudice to the action under a right of recourse against the distributor

Abstract

The Spanish Supreme Court confirms that electricity supplier is liable for damages caused by deficient electricity supply: the supplier is liable to consumer without prejudice to the action under a right of recourse against the distributor (STS, Sala de lo Civil, núm. 624/2016, October 24, 2016 [RJ 2016, 4970]). The Civil Code applies (the rules pertaining to the non-performance of contracts) as well as the principle of good faith (art. 1258 Civil Code and artículo 6:102 Principies of European of Contractual Law PECL). In my view, distributors and suppliers must meet the obligation to inform the consumer about their respective responsibility under a contract on electricity supply in the sense confirmed by the Spanish Supreme Court.