Legislator Case Law & Legislation
III SK 29/10 AI generated

Energy supply suspension allowed despite incorrect additional payment deadline under Energy Law.

Case Number III SK 29/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by RWE Poland SA and RWE Stoen Operator Sp. z o.o. against the President of the Energy Regulatory Office. The energy companies argued that suspending electricity supply was unjustified because they failed to correctly set the additional payment deadline for overdue fees. The Court ruled that the suspension was lawful because the recipient received the notice within a timeframe allowing for the two-week statutory period, rendering the specific date error immaterial to the right to suspend. Consequently, the cassation appeal was rejected, and the companies were ordered to pay the regulatory office's litigation costs.

Legislator headnote

AI generated

Art. 6 ust. 3a Prawa energetycznego; Art. 61, 73, 74 k.c.; If an energy supplier suspends supply after the additional payment deadline expires, the suspension is justified even if the deadline date was incorrectly set, provided the notice reached the consumer within a reasonable time to allow for the two-week period.

Keywords

AI generated
energy supply suspension additional payment deadline Energy Law consumer protection unjustified suspension notice delivery timing regulatory office

Cited Legislation

AI generated
Art. 6 ust. 3a Prawa energetycznego
Art. 61, 73 i 74 k.c.
Art. 233 § 1 k.p.c.
Art. 328 § 2 k.p.c.
Art. 7, 75 oraz 77 k.p.a.
Art. 98
Art. 108 § 1
Art. 39821 k.p.c.
Art. 391 § 1 k.p.c.
art. 233 § 1 k.p.c

Cited Case Law

AI generated

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