Umowa o przyłączenie do sieci ciepłowniczej w swietle prawa ochrony konkurencji i konsumentów
Network connection agreements in the heating sector: competition and consumer law issues

Summary/Abstract: The article presents the issue of concluding contracts for the connection to the heating network from the perspective of competition and consumer protection law. The obligations of heating enterprises were discussed, primarily the obligation to connect new customers to the heating network. The key issue presented in the article is risk distribution between the heating company and the connected entity, if the original intentions of the investor, in particular the developer, prove to be impracticable. Excessive protection of the heating enterprise against such a circumstance may result in an allegation of abuse of a dominant position; an attempt to transfer the risks to consumers might cause an allegation of a violation of collective consumer interests. On the other hand, it is difficult to expect a heating company to take over the entire investment risk associated with new connections. The right balance between conflicting interests of the parties should be shaped by developing the case law of competition and consumer protection authorities

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