Energy supply suspension allowed despite incorrect additional payment deadline under Energy Law.
Legislator summary
AI generatedThe 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 generatedArt. 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.