Legislator Case Law & Legislation
III SK 47/04 AI generated

Supreme Court dismisses appeal, ruling energy regulator's order to conclude a heat sales contract valid under Energy Law.

Case Number III SK 47/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against the Regional Court's decision to revoke the energy regulator's order. The regulator had issued a decision to conclude a heat sales contract based on a request by the supplier to establish service conditions, while the housing cooperative argued the regulator should have ruled on the validity of the refusal to sign. The court held that the regulator's decision was legally sound because it was issued in response to a specific request to facilitate contract formation and set service terms, thereby falling within its statutory competence under the Energy Law.

Legislator headnote

AI generated

Art. 8 ust. 1 Prawo energetyczne; Art. 61 § 2 k.p.a.: The energy regulator's decision to order the conclusion of a heat sales contract is valid when issued pursuant to a party's request to establish service conditions, even if the underlying dispute involves a refusal to sign.

Keywords

AI generated
energy law heat sales contract regulatory decision cassation appeal service conditions procedural error energy supply

Cited Legislation

AI generated
Art. 8 ust. 1 Prawo energetyczne
Art. 61 § 2 k.p.a.
Art. 107 k.p.a.
Art. 393 § 1 k.p.c.
art. 104 k.p
art. 107 § 1 k.p
art. 61 § 2 k.p
art. 107 k.p
art. 233 § 1 k.p.c
art. 64 k.c

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