Legislator Case Law & Legislation
III SK 42/08 AI generated

Supreme Court allows appeal against regulator's refusal to change tariff despite new tariff taking effect.

Case Number III SK 42/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court quashed the appellate court's dismissal of the energy company's appeal against the regulator's refusal to adjust gas prices. The company argued that unforeseen cost increases justified a tariff revision, while the regulator maintained no grounds existed under administrative law. The court ruled that although a new tariff cannot be retroactively altered, the regulator's refusal to change the old one remains subject to judicial review to prevent unjust economic consequences.

Legislator headnote

AI generated

Art. 155 k.p.a.; After a new tariff takes effect, a court reviewing an appeal against a refusal to change the previous tariff may only determine the legality of that refusal, not alter the tariff itself.

Keywords

AI generated
administrative law tariff regulation energy sector judicial review unforeseen circumstances regulatory decision economic consequences

Cited Legislation

AI generated
Art. 155 k.p.a.
art. 155 k.p
art. 328 § 2 k.p.c
art. 355 § 1 k.p.c

Cited Case Law

AI generated

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