SRC Law Firm represented its long-time client, a foreign developer of photovoltaic farms, before the Court of Competition and Consumer Protection.
The case concerned a decision issued by the Energy Regulatory Authority, imposing a penalty for failure to submit an application for a license amendment within the statutory deadline.
In the proceedings before the President of the Energy Regulatory Authority, the authority issued a decision in which it ruled that the our client had failed to meet the deadline for filing an application to amend its electricity generation license and imposed a financial penalty on the client.
As a result of the appeal filed by SRC Law Firm, the Regional Court in Warsaw – the Court of Competition and Consumer Protection issued a judgment favorable to our client, which changes the above decision by refraining from imposing the penalty and which shares our firm’s argumentation, indicating that despite the discretion of the authority in imposing the penalty, the court has the right in certain instances to make a different assessment than the authority of the harmfulness of the act, which will ultimately lead to a different assessment of the possibility of imposing the penalty itself.
The case was handled on behalf of SRC Law Firm by Tomasz Zapert and Monika Smolarek, attorneys at law.
“We are pleased that we were able to assist our client in restoring his sense of justice by overturning the penalty in a case where the penalty should never have been imposed” – says Monika Smolarek, partner at SRC Law Firm
