Polish Supreme Court allows tariff change due to energy cost increases under Art. 155 of the Administrative Procedure Code.
Legislator summary
AI generatedThe Polish Supreme Court resolved a legal question regarding whether rising energy purchase costs justify changing an approved electricity tariff. The court found that administrative approval of a new, higher tariff by the Energy Regulatory Office provided a valid basis for modifying the previous decision under Article 155 of the Administrative Procedure Code. Consequently, the court ruled that such cost increases constitute a legitimate circumstance for altering the tariff to prevent financial loss for the energy company.
Legislator headnote
AI generatedArt. 155 k.p.a.; Art. 155 ust. 1 k.p.a.: An increase in the costs of purchasing electricity and transmission services, resulting from a regulatory decision approving a new tariff with higher rates, constitutes a valid circumstance justifying the change or revocation of a previously issued tariff approval decision.