Supreme Court dismisses appeal; individual flat owner cannot demand exclusive heating contract due to technical and legal constraints.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a flat owner against the President of the Energy Regulatory Office and the district heating company. The owner sought an exclusive heating contract for her specific apartment, but the court found that technical limitations of the central heating system and legal requirements for collective ownership prevented such a separate agreement. Consequently, the court ruled that the heating company was only obligated to sign a contract with the housing community representing all owners, not the individual flat owner.
Legislator headnote
AI generatedArt. 7 ust. 1, 2 Prawo energetyczne; Art. 64 ust. 3 Konstytucji RP: An individual flat owner cannot demand an exclusive heating supply contract when technical conditions require centralized distribution and the heating system serves the common property of the building.