III SK 42/08
AI generated
Supreme Court allows appeal against regulator's refusal to change tariff despite new tariff taking effect.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 155 k.p.a.
art. 155 k.p
art. 328 § 2 k.p.c
art. 355 § 1 k.p.c