ANRE can investigate and sanction energy market participants (electricity and gas) and may impose fines linked to regulatory obligations, including wholesale market integrity rules. I help companies handle investigation steps, prepare evidence-based submissions, and plan the most suitable challenge strategy for the specific act and its legal basis.
Informațiile sunt generale și nu înlocuiesc consultanța juridică. Contează faptele, actele și cronologia.
When you may need this
- You receive an ANRE investigation notice, questions, or requests for documents.
- You are notified about an alleged breach on the wholesale market (market abuse, reporting, registration, or related duties).
- You receive a sanctioning decision or are informed about potential fines linked to turnover.
- You face measures that affect licences, operations, or market access.
- You need to secure internal evidence and avoid communications that increase exposure.
- You want to coordinate group-level compliance with local obligations.
- You need a remediation plan aligned with operational realities and audit trails.
What we do, step by step
- Case mapping: identify the legal basis, alleged facts, and decision-maker within ANRE’s process.
- Evidence strategy: collect trade data, internal approvals, communications, and reporting records relevant to the allegation.
- Procedural review: check service, formal requirements, competence, and whether the act describes and supports the alleged conduct.
- Submissions: prepare structured responses, objections, and supporting evidence packages.
- Internal controls: set a defensible communication plan and preservation steps (including trading data and logs).
- Appeal planning: define claims and requested remedies and evaluate litigation vs remediation steps.
- Compliance support: update processes (reporting, monitoring, governance) to reduce repeat exposure.
Documents/information useful for the first assessment
| Document | Why it matters | Notes |
|---|---|---|
| ANRE investigation notice / minutes and sanctioning decision (if issued) | Defines alleged breach, scope, and legal basis | Include proof of service and annexes |
| Trading data and transaction documentation (orders, confirmations, invoices) | Central for market integrity cases | Export with timestamps and preserve originals |
| Internal approvals and governance records (committees, policies, authorisations) | Shows decision-making and controls | Provide the exact versions in force |
| Reporting and registration records (where applicable) | Shows compliance with market reporting duties | Include submissions and acknowledgements |
| Communications linked to the questioned conduct | Can support or undermine intent and context | Preserve data and avoid retroactive edits |
Risks & common mistakes
- Sending explanations without controlling the underlying data and timestamps.
- Failing to preserve trading records, chats, and audit trails from trading systems.
- Mixing remediation with admissions without a clear defence plan.
- Unclear internal ownership of submissions (legal vs compliance vs trading desk).
- Ignoring EU-level rules relevant to wholesale market integrity.
FAQ
Does ANRE handle only licences, or also sanctions and investigations?
ANRE has regulatory and control powers and can run investigations and apply sanctions in areas defined by energy legislation and related EU-derived obligations. The relevant powers depend on the specific market segment and the cited legal basis.
Are wholesale market integrity rules (REMIT) relevant in Romania?
Yes. REMIT is an EU regulation on wholesale energy market integrity and transparency, and it operates alongside national enforcement structures. The concrete implications depend on your role (producer, supplier, trader) and your market activities.
What should we preserve as evidence once an investigation starts?
Trading records, confirmations, system logs, internal approvals, and all communications tied to the questioned conduct should be preserved. Practical steps must be aligned with your IT systems and retention rules.
Can we challenge an ANRE sanction in court?
Yes, but the route and deadlines depend on the act type and cited legal basis. A careful review of the document and its service date is needed before choosing the procedural steps.
Can a compliance plan help after a sanctions case?
Yes. A practical plan can reduce repeat exposure and improve audit readiness. It must be aligned with operational reality and supported by evidence of execution (training, monitoring, logs).
Contact
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