Supreme Court dismisses fine calculation based on unsold energy, ruling it arbitrary and lacking factual basis.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal regarding the calculation of a monetary fine for failing to purchase 'red energy'. The lower court had imposed a fine based on the quantity of unsold energy multiplied by a fixed price, which the Supreme Court found arbitrary. The court ruled that such a method fails to account for actual market costs and discriminates against other compliant enterprises, mandating a new calculation based on average performance levels.
Legislator headnote
AI generatedArt. 9a ust. 8 Prawa energetycznego; Art. 56 ust. 1 pkt 1a Prawa energetycznego: The basis for calculating a monetary fine for violating the obligation to purchase red energy cannot be the quantity of unsold energy multiplied by a fixed price, as this creates an arbitrary and discriminatory penalty detached from actual market costs.