Sanctions on industrial power user lifted

The case involved sanctions imposed on a large industrial electricity customer for improper performance of the obligation to acquire and redeem certificates of origin for 2015. In the challenged decision, the president of the Energy Regulatory Office disputed the correctness of the industrial user’s financial data and the power consumption figures for a company which the customer had acquired in a merger.

The regulator argued that in this case there were no grounds to apply regulations on succession of rights and obligations in the merger because the Renewable Energy Sources Act governing the rights and obligations of industrial power customers does not contain a provision allowing succession to data on verification of the industrial customer’s status.

Wardyński & Partners filed an appeal for the industrial customer, alleging violation of the rule of general succession in corporate mergers, including administrative succession, pursuant to the Commercial Companies Code and the Accounting Act. After examining the appeal, the regulator decided to set aside his own decision imposing the sanction in this case. The sanction lifted from the firm’s client prohibited it from claiming relief for industrial power users. Elimination of the sanction saves the client from a loss conservatively estimated at several million zlotys.

At Wardyński & Partners, the work on the appeal was led by Weronika Pelc and Marek Dolatowski.