22

The Zakon za energetikata (Law on energy) of 9 December 2003 (DV no 107, of 9 December 2003) in the version applicable in the main proceedings, contains the following provisions: ‘133. (2) The installations of customers in a building in co-ownership are connected with the written consent of owners representing at least two-thirds of the ownership of the building in co-ownership. … 139. (1) The allocation of the consumption of thermal energy in a building in co-ownership shall be made according to a system for consumption allocation. … 140. (1) The allocation of thermal energy consumption between customers in a building in co-ownership is made by means of: … 2. devices for the allocation of thermal energy consumption, namely individual heat cost allocators meeting the standards in force in the country or individual thermal meters; … (3) The internal installations for the heating and hot water of the building are communal parts of the building in co-ownership. … 142. (1) Thermal energy for heating a building in co-ownership is the difference between the total quantity of thermal energy for distribution within the building in co-ownership and the quantity of thermal energy for hot water, determined in accordance with Article 141(1). (2) The thermal energy for heating a building in co-ownership is subdivided into heat emitted by the internal system, thermal energy for heating the communal areas and thermal energy for heating private properties. … 149a. (1) Thermal energy customers in a building in co-ownership may purchase thermal energy from a supplier selected with the written consent of co-owners representing at least two-thirds of the ownership of the building in co-ownership. … 153. (1) All owners and holders of a right in rem over the use of property in a building in co-ownership connected to the subscriber substation or to an independent branch thereof are thermal energy customers and are required to install thermal energy consumption allocation devices, as referred to in Article 140(1), point 2, on the heat emitters located in their properties and to pay the costs relating to consumption of thermal energy under the conditions and in accordance with the detailed rules laid down by the order concerned, as referred to in Article 36(3). (2) Where the owners who represent at least two-thirds of the ownership of the building in co-ownership and who are connected to the subscriber substation or to an independent branch thereof do not wish to be customers of thermal energy for heating or hot water, they are required to declare this in writing to the thermal energy transmission company and to request the cessation of the supply of thermal energy for heating or hot water from that subscriber substation or from an independent branch thereof. … (5) Where a system for the allocation of consumption of thermal energy is provided for, the customers in a building in co-ownership are not entitled to prevent the supply of thermal energy to the heat emitters in their property by physically disconnecting them from the internal installation of the building. (6) Customers residing in a building in co-ownership who disconnect the supply of thermal energy to the heat emitters located in their properties remain thermal energy customers with regard to the heat emitted by the internal system and by the heat emitters located in the common areas of the building.’