Bilansowanie handlowe w świetle nowych regulacji – aspekty cywilnoprawne
The Subject Matter of Commercial Balancing, and the Capacity in which the Balance Responsible Party Acts in Light of New Regulations – Civil Law Aspects

Summary/Abstract: Commercial balancing and the role of the balance responsible party, as one of the basic elementsof the electricity market, do not raise practical doubts among market participants, in particular thosecarrying out related tasks. At the same time, said institutions, and the regulations that concernthem, have not been the subject of a more extensive discussion in legal terms. The consequenceof this state of affairs was the formation of misconceptions among both entities acting on theelectricity market and the energy regulator, regarding the subject matter of commercial balancing,the capacity in which the balance responsible party operates, as well as their legal framing. For thisreason, and in the context of the reform of the balancing market completed in 2024, it is necessary to comprehensively discuss the energy law institutions in question, and to correctly qualify themunder civil law. To this end, this paper presents in detail the balancing market, its object structure,provides a description of the relevant aspects of commercial balancing, and then juxtaposes themwith certain provisions of the Civil Code.

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