Rozstrzyganie sporów cywilnoprawnych w drodze decyzji administracyjnej przez Prezesa Urzędu Regulacji Energetyki
Resolution of Civil-Law Disputes by Means of the Administrative Decision of the President of the Energy Regulatory Office

Summary/Abstract: The purpose of this article is to present the process of resolving civil-law disputes by the President of the Energy Regulatory Office by means of an administrative decision under the Energy Law Act. In accordance with the provisions of Article 8(1) of the Energy Law Act, the President of the Energy Regulatory Office is authorised to resolve disputes referred to in that provision which inherently belong to matters of civil law. Pursuant to Article 2(1) of the Code of Civil Procedure, civil matters are heard by common courts of law, except for those delegated to other bodies in special provisions referred to in Article 2(2). An example of such a special provision is Article 8 of the Energy Law Act, which excludes the admissibility of court proceedings in certain disputes to be resolved by the President of the Energy Regulatory Office. The cases of disputes referred to in Article 8 of the Energy Law Act involve on the one hand a strictly civil law dispute and on the other a public authority (central government authority) which is to settle this dispute in a manner appropriate for it using its powers and non-equivalence of entities. Consequently, the civil-legal relationship characterised by voluntariness and equivalence of entities is shaped imperatively and unilaterally by a public authority by means of the administrative decision.

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