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PRECEDENT-SETTING VICTORY IN A DISPUTE WITH THE ENERGY REGULATION OFFICE

2 February 2026

In its judgment of 2 December 2025, the Regional Court in Warsaw, XVII Division of the Court of Competition and Consumer Protection, overturned in its entirety the penalty imposed on our client by the President of the Energy Regulation Office for violating reporting obligations under the Act on extraordinary measures aimed at limiting electricity prices and supporting certain consumers in 2023-2025, and charged the costs of the proceedings to the President of the Energy Regulation Office (file ref. no. XVII AmE 96/25).

The judgment is the first ruling of the Court in the context of the provisions on penalties introduced by the above-mentioned Act.

– This is a landmark judgment, showing the Court’s lack of acceptance of the automatic imposition of penalties by the President of the Energy Regulatory Office. We hope that this interpretation, which is favorable to energy producers, will be consolidated in subsequent judgments in cases in which we represent our clients” – comments Alicja Popłonkowska, attorney at law and partner at SRC, who handled the case.

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