SRC Law Firm represented a foreign investor, owner of photovoltaic farms, before the Court of Appeal in Warsaw.
The case concerned the imposition of a penalty by the President of the Energy Regulatory Authority for a delay by an energy company in submitting an application for a license amendment due to change in the company’s data.
As a result of the appeal filed by SRC Law Firm, the Regional Court in Warsaw ruled in favor of our Client and overturned the decision imposing the penalty. The judgment was appealed by the President of the Energy Regulatory Authority. In its response to the appeal, SRC Law Firm pointed out, inter alia, that the prerequisite for waiving the penalty under Article 56 clause 6a of the Energy Law is the voluntary performance of the obligation after the deadline, which the Client did, and that the fact that the company updated the data on its own indicates that the social harm of the delay is negligible.
The Court of Appeal in Warsaw fully shared our argumentation.
The case was conducted on behalf of SRC Law Firm by Alicja Popłonkowska-Dębińska and Tomasz Zapert, attorneys at law.
– We are very pleased with the favorable outcome for our client in the case before the Court of Appeal in Warsaw. It’s another proof of our firm’s effectiveness and the professionalism of our team. It also proves that it’s possible to effectively fight against excessive bureaucratic formalism – stated Monika Smolarek, partner at SRC Law Firm.
