A sudden power outage can cause significant damage: from burnt-out appliances to production losses for businesses, to more serious hardships for those dependent on medical equipment or critical computer systems. In such cases, the instinctive reaction is to turn to one's energy supplier to seek compensation. But who is truly liable when the blackout is not caused by the supplier, but rather by the network distribution operator? A recent ruling by the Court of Appeal of Catanzaro provides a clear answer — one that many customers may find surprising.
The Fundamental Distinction: Supplier and Distributor Are Not the Same
In the free energy market, there are two distinct figures that consumers often tend to confuse. On one side is the supplier (or vendor), i.e., the party with whom the supply contract is entered into and to whom the bill is paid. On the other side is the distributor, i.e., the operator of the physical transmission and distribution network throughout the territory, responsible for the infrastructure that brings electricity to our homes and offices.
This distinction, which may appear merely technical, carries legal consequences of primary importance. The contract that the customer signs is with the supplier; but the network belongs to the distributor. When a fault or interruption of supply occurs, one must therefore ask: at which point in the supply chain does the problem originate?
The Ruling of the Court of Appeal of Catanzaro
With judgment no. 1002 of 25 June 2026, the Court of Appeal of Catanzaro addressed precisely this issue, drawing a clear boundary between the liabilities of the various operators in the energy sector. The judges held that the electricity supplier is not liable — pursuant to Article 1228 of the Italian Civil Code — for damages arising from an interruption of supply attributable to the network distributor.
Article 1228 of the Civil Code (c.c.) governs the debtor's liability for the acts of auxiliaries used in the performance of their obligations. The Court clarified that this provision cannot be automatically extended to cases where the service disruption originates from a third party — the distributor — who operates in a manner entirely independent from the supplier and with whom the supplier does not maintain any relationship of delegation or direct assistance.
The Exceptions: When the Supplier May Still Be Held Liable
The ruling does not, however, close the door entirely on any form of redress for the aggrieved customer. The Court precisely identified two circumstances in which the supplier may be held liable even for a disruption originating from the distributor:
- Breach of protective obligations: where the supplier has failed to fulfil specific duties of protection owed to the customer, independent of the actual delivery of electricity — for example, obligations to inform, warn, or assist in the event of foreseeable disruptions.
- Contractual assumption of broader liability: where the supply contract expressly provides that the supplier assumes responsibility for disruptions caused by the distribution network, thereby voluntarily extending the scope of its contractual obligations beyond those ordinarily prescribed by law.
In the absence of either of these conditions, the customer's claim for damages must be directed exclusively against the distributor, as the party directly responsible for the network infrastructure and its proper functioning.
Practical Implications for Consumers and Businesses
This ruling has significant practical implications for anyone who has suffered damage as a result of a power outage. Before initiating legal proceedings or submitting a formal complaint, it is essential to identify the actual origin of the disruption. Regulatory bodies such as ARERA (the Italian Regulatory Authority for Energy, Networks and Environment) maintain registries of reported outages and publish data on the performance of distribution operators, which may constitute useful evidentiary material.
Furthermore, it is advisable to carefully review the terms of the energy supply contract, as some suppliers — particularly in the context of business-to-business agreements — may have assumed contractual obligations that go beyond the statutory minimum, potentially extending their liability to network-related disruptions.
For those operating in sectors particularly vulnerable to power outages — such as healthcare, manufacturing, or information technology — it may also be worth considering dedicated contractual protections or insurance coverage specifically designed to address business interruption risks arising from grid failures.