Energy sector: Jan Sakławski discusses rising energy prices in Puls Biznesu
In September 2018, one of the industrial companies received a notice from its electricity supplier referencing the adoption of Directive (EU) 2018/410 of the European Parliament and of the Council of 14 March 2018, amending Directive 2003/87/EC to enhance cost-effective emission reductions and low-carbon investments, as well as Decision 2015/1814. Citing the market turmoil caused by this legislative development, the supplier raised the electricity price by nearly 80%. As a result of the increase, starting in October, the company’s monthly energy costs rose by approximately PLN 200,000.
The company sought assistance from the Brysiewicz i Wspólnicy law firm, which successfully obtained a court injunction “freezing” the electricity price at the level prior to the increase.
We developed a strategy that allowed our client to protect their company’s cash flow without launching a full-blown legal assault and risking the operational stability of the entire plant. We filed a motion for an injunction — and we got it! As part of the injunction, we secured the continued supply of electricity at the pre-increase rate for the entire duration of the dispute over the price hike’s validity. Such proceedings typically mean nearly three years of litigation — and throughout that time, our client will be able to purchase energy at highly favorable rates. Electricity price increases have become a permanent part of industrial reality in Poland. But we’ve found a way to protect businesses and push back against the so-called “offers you can’t refuse” presented by energy suppliers, explains attorney Jan Sakławski.
The full article is available here.
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