Czy refakturowanie energii elektrycznej podlega obowiązkowi uzyskania koncesji? Kryterium zarobkowości w sektorze regulowanym
Does the re-invoicing of electricity supplies require obtaining a license? The criterion of a profit-making activity in a regulated sector

Summary/Abstract: This article addresses the issue of re-invoicing electricity in the context of the obligation to obtain a license. It identifies the essential characteristics of re-invoicing, and relates them to the views developed in the case law of the Polish Court of Competition and Consumer Protection (SOKiK), as well as in the decision-making practice of the President of the Energy Regulatory Office (UKE). It also provides an in-depth interpretation of the premise of a 'profit-making' activity, taking into account the regulatory objectives in the electricity sector, and the systemic interrelations of the Energy Law Act. Finally, the article proposes a comprehensive concept for interpreting the profit-oriented nature of an economic activity in a regulated sector, and for determining the scope of the licensing obligation, with due regard to functional and systemic directives.

• Details
• Contents