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Neuro Energía y Gestión fined for controlling the order queue

CNMC found that Neuro Energía y Gestión, a consultant with access to 34 clients' digital certificates, used them to flood the continuous intraday market's processing queue with non-genuine buy orders so that its clients' genuine sell orders for the next day validated first and matched against French demand. It fined Neuro EUR 1,081,502, reduced by 20% to EUR 865,201.60 after voluntary payment, and found the 34 clients not responsible.

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The decision

Authority
National Commission on Markets and Competition (CNMC), Spain
Decided
24 July 2024
Participants
Neuro Energía y Gestión, S.L.
Commodity
Electricity
Market
Spanish continuous intraday market, cross-border sales contracts with France
Conduct period
23 August 2022 to 15 March 2023
REMIT
Article 5 (Market manipulation)
Type of conduct
Quote stuffing
Penalty
EUR 865,201.60 (EUR 1,081,502 less the 20% reduction for voluntary payment); the 34 other agents were found not responsible
Status
Under appeal (ACER register, 2026-10-14)

What CNMC found

In resolution SNC/DE/017/23 of 24 July 2024, CNMC found that Neuro Energía y Gestión used clients' digital certificates to coordinate non-genuine orders across the continuous intraday market. Between 23 August 2022 and 15 March 2023, over 125 sessions, it used the processing queue to obtain priority for genuine next-day sell orders aimed at French demand.

The decision records 160,857 buy orders at the minimum volume of 0.1 MWh and prices between EUR -100/MWh and EUR -400/MWh, representing 39.2% of orders in the two critical windows examined. All 122,021 validated orders were cancelled, and none executed. CNMC found those shown in the book gave misleading signals, being far from the agents' genuine bidding prices. It also identified 85,605 next-day sell orders placed using 25 agents' certificates.

How it was established

OMIE reported coordinated submissions in December 2022 and March 2023. CNMC found Neuro sent baskets of up to 100 orders from two applications and two IP addresses, placing genuine sell orders within or just after the queue. Multiple certificates allowed it to avoid OMIE's per-agent message ratios.

CNMC found that Neuro adapted when the rules changed on 4 March 2023 from arrival-based to price-based order reactivation: it moved the technique to just before 21:50. OMIE had warned 26 agents, who passed warnings to Neuro; CNMC found Neuro described them as isolated errors while continuing the strategy. It estimated Neuro's earnings from its 50% success share at EUR 6,984,658.

Responsibility and penalty

Neuro argued mass submission was accepted practice, its prices were within limits, OMIE had not disabled its application and consumers benefited. CNMC rejected those arguments. It assessed the purpose and effect of orders at critical times; neither valid parameters nor a venue's failure to disable software established legitimacy. It held that proof of consumer harm was unnecessary.

CNMC found Neuro acted intentionally but found the 34 clients not responsible and closed proceedings against them: they did not know the strategy, and five had not authorised use of their certificates in that market. It separately noted that sharing credentials was not formal representation under the market rules.

CNMC set the fine at EUR 1,081,502, the 10% ceiling on Neuro's 2022 turnover, weighing intent, duration, benefit and harm to other agents. Voluntary payment on 29 May 2024 reduced it by 20% to EUR 865,201.60, conditional on waiving administrative appeals; Neuro reserved court action. CNMC ordered no restitution because it could not determine an effect on transaction prices: the identified effect was displacement of other sellers.

For a surveillance function

The decision traced orders beyond the named account to the adviser controlling the certificates, distinguishing the author of the strategy from clients unaware of it. Its findings support reviewing outsourced access and aggregated activity across accounts: the pattern CNMC identified depended on coordinated submissions under multiple identities, rather than on one account viewed alone.

Sources

Sources read on 27 October 2026. This page restates what the authority published and adds no finding of its own. A decision under appeal is not final, and its status may have changed since: check the source before relying on it.

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