Legislator Case Law & Legislation
III SK 5/11 AI generated

Supreme Court ruled that a regulatory body's summons to submit tariffs cannot legally count as revoking a prior exemption from that duty.

Case Number III SK 5/11
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland quashed the lower court's decision and the regulator's refusal to approve tariffs. The plaintiff argued that a summons to submit tariffs constituted a revocation of a previous exemption from this duty under the Energy Law. The court held that the statute does not define the procedure for revoking such exemptions, requiring the revocation to occur in the same manner as the original exemption. Consequently, the court determined the summons was insufficient to legally revoke the exemption.

Legislator headnote

AI generated

Art. 49 ust. 1 Prawa energetycznego; Art. 47 ust. 1 i 2 Prawa energetycznego: A regulatory body's summons to submit tariffs cannot be equated with a revocation of a prior exemption from that duty unless the revocation follows the same procedural manner as the original exemption.

Keywords

AI generated
Energy Law Tariff Approval Regulatory Exemption Procedural Revocation Administrative Procedure Energy Market Summons Validity

Cited Legislation

AI generated
Art. 49 ust. 1 of the Energy Law
Art. 47 ust. 1 and 2 of the Energy Law
Art. 398 § 1 of the Code of Civil Procedure
Art. 479 § 3 in conjunction with Art. 398 of the Code of Civil Procedure
Art. 108 § 1 in conjunction with Art. 391 § 1 in conjunction with Art. 398 of the Code of Civil Procedure
art. 105 k.p
art. 233 § 1 k.p.c
art. 365 § 1 k.p.c
art. 366 k.p.c
art. 378 § 1 k.p.c

Cited Case Law

AI generated

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