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The power supply systems used to operate as centralized systems where large power stations supplied electric energy via high voltage transmission networks and middle voltage distribution grids to final energy users. Emerging of new technologies, in particular, renewable energy plants, and the activation of energy customers, who are able not only to shape their power profiles but also to produce electricity, have radically changed the modus operandi of power supply systems, allowing for the improvement of power supply security. The paper is focused on presenting existing power systems pointing out the new rules of power system operation that have to come into play in the nearest future
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The aim of this paper is to provide an insight into doubts arising in the practice of applying the law related to the scope of the concept of ‘service’ in energy infrastructure markets with regard to European and national regulations. The concept of services in the context of the general economic interest was also considered. The author, having conducted a broad query on the subject literature and case law, attempted to develop the most explicit approach to the outlined study subject. Proper classification of a given activity as a service or business activity is not only of a theoretical nature. Indeed it has far-reaching economic implications for the performance of a given activity, especially in the context of European legislation and case-law
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The introduction of the MiFID II Directive required the implementation of this EU act into the Polish legal order, taking into account some of its specifics. However, the Directive was not implemented before of transposition date. Lack of implementation caused the occurrence of regulatory risk on the side of energy companies involved in the wholesale market, related to the lack of certainty as to the final shape of the implementation. The time of the vacatio legis of the directive, instead of adapting the structure of enterprises, was used to wait for the introduction of implementing regulations. As a result, energy companies received very little time to adapt their structures to the new regulatory requirements. At the same time, they were obliged to conduct their activities based on the unchanged provisions of the PL Financial Instruments Act, with full awareness of the inevitable introduction of significant changes, including the imposition of regulatory duties, with a short date of their entry into force. All of the above meant that conscious energy companies, until the full development of the post-MiFID order and good practice, and especially the regulator’s approach to the new requirements, took a number of steps to prepare for the application of the new regulation
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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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The subject matter of this paper is the application for certification of a capacity market entity for the main auction and additional auctions referred to in the Act on the capacity market. First of all, the personal scope of the application is discussed. Presented next is the substantive scope of the application. This part includes an analysis of the legal nature of the Capacity Market Regulations, and their position in the hierarchy of legal acts, as well as a presentation of individual elements of the application for certification (content). Furthermore, particular attention is paid to the issue of an independent expert report, which is required for the application, and the criteria regarding the expert’s independence. The final part of the paper deals with the procedure of correcting the formal shortcomings and legal effects of submitting the application for an energy enterprise. The paper ends with final remarks, which summarise earlier deliberations and answer the aforementioned questions
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In 2015 the Polish Parliament enacted the Control of Certain Investment Act (the Act), which introduces a special legal regime regulating the acquisition of shares, enterprise or organized parts of an enterprise, of businesses entered on the list of protected companies. The main goal of this regulation is to introduce administrative law mechanisms which protect companies of a strategic importance to national safety against hostile takeovers conducted by foreign entities. In the current legislative status, half of the protected companies pursuant to the Act are companies operating in the energy sector or closely related sectors. Therefore, the supervision over the trading in inter alia shares of such companies, conducted by the minister competent in the matters of energy, constitutes a material element aiming to guarantee the protection of broadly defined energy safety. However, the Act in the current state is imprecise and gives to the minister competent in the matters of energy a very broad level of interpretational margin through instruments, which in practice, allow the minister to oppose any transaction resulting in the acquisition of a material interest or a dominant position in energy companies protected under the Act. Furthermore, an analysis of the most important instruments regulated under the Act, such as ex ante and ex post notifications, as well as administrative decisions regulated under the Act, indicates numerous interpretational problems occurring under this regulation. In particular, key material doubts concern the application of the rules on a silent disposal of a case to proceedings regulated under the Act, the legal nature of the administrative decision issued under the Act, as well as selected issues regarding ex ante and ex post notifications. Taking into consideration the importance of the Act for national energy safety, and the implications of the Act with regard to energy law, the Act in the current state should be judged negatively.
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The subject of the study presents the procedure of changing the electricity seller in Poland. Since 2007, permanent increases in the number of changes of electricity sellers have been observed. The abovementioned is both an opportunity and a threat for consumers. Therefore, this study will describe the practices of electricity sellers, which breach collective interests of consumers. The second part of the study presents solutions contained in the General Data Protection Regulation (GDPR) in the context of the conclusion and performance of the contract for the sale of electricity. The way in which EU regulation can contribute to the increase of the security level of energy recipients will be covered next. In summary, it will be indicated what issue is posing the greatest threat in the case of a change of the electricity seller, as well as what action might be taken in order to limit it.
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This paper presents the existing practice regarding the granting of exemptions from Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC in relation to entities from the energy sector. In that regard, there is a noticeable growth in the number of positive decisions of the Commission. The authors anticipate that over time individual exemptions from the Utilities Directive will lead to the exemption of the entire energy sector or its significant part from the EU’s public procurement rules. The paper analyses the legal basis of exemptions granted and related decisions of the European Commission for entities that act in the energy sector
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The purpose of the article is to analyze to what extent and whose interest should the environmental protection inspection body be guided by when deciding to suspend the use of a large combustion plant installation. Only proceedings based on Article 367 EPL, due to the fact that the optional nature of this proceeding, combined with the possibility of setting an additional deadline to remove violations only at the request of a party, raises doubts of the authors of this article regarding the weighing of public and private interests. In the analyzed proceedings, the public interest manifested in the obligation to protect the environment included in Article 5 and 74 of the Polish Constitution is opposed to private interests, expressed mainly in Article 20–22 and 31 of the Polish Constitution, namely the principles of private ownership and freedom of economic activity. The environmental protection inspection body must always make a thorough analysis by applying the facts of the case to the guidelines contained in the abovementioned articles of the Polish Constitution, which pull the decision in opposite directions. The authors of this article indicate that, in particular in the case of large combustion plants, the interest of the users of these installations suffers unjustified damage manifested in the specificity of the procedure for the proceeding to suspend the use of installations based on Article 367 EPL.
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The main goal of the paper is to show all of the tax duties connected with the production of energy from wind in Poland. Producing electricity from wind is one of the most popular ways to produce energy from renewable sources of energy in Poland. Tax law linked to this kind of energy manufacturing is elaborate and still changing. The article is an attempt to describe all tax duties which are imposed on wind farm owners. The paper concentrates mainly on three of the most often appearing taxes: the excise tax, the property tax, and electricity taxation from micro-installation.
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The article constitutes a comment on a judgement delivered by the Polish Supreme Court. In the judgement the Supreme Court took a negative stance in relation to a Court of Appeals ruling which had set aside an infringement decision issued by the Polish Competition Authority concerning price collusion in the market for watches. In the judgement, the Supreme Court presented its position in relation to three important issues: the determination of the parties to anticompetitive agreements and the addressees of infringement decisions, the definition of relevant market, and establishing ‘by object’ infringements. In relation to each of the aforementioned issues, the judgement of the Supreme Courts fosters effective competition enforcement and consistent application of the Polish and EU competition rules.
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The article discusses selected issues related to the basic principles of appealing against the resolutions of bondholders’ meetings. To date this problem has not been much attention among academics, and all observations connected with it are only contributory. It should be assumed that the inclusion of the subject matter using the mechanism of “analogy”, i.e. by referring to the regulation on the broadly described in the doctrine of the regime of appealing against resolution of the general stockholders meetings’ in the corporations does not exhaust the subject. What is more, as it seems, this approach shall be regarded as methodologically misleading. The article is divided into three main parts. The first refers to appealing against resolutions of bondholders meetings that flagrantly violate the interests of bondholders or are contrary to good morals. Such resolutions may be moved by an action to repeal them, pursuant to provisions of Art. 70 of the Act on Bonds. The second main part concerns appealing against bondholder’s resolutions contrary the act, using the action for annulment of a resolutions – according the provisions of Art. 71 of the Act on Bonds. The third part of the article refers to the legal duty of bond issuers who are obliged to provide information on the repeal or declaration of invalidity of the bondholders’ resolution. This duty is formulated in the provision of Art. 72 of the Act on Bonds.
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The article deals with an interesting issue of the so-called principle of personal identity and time continuity of the bond issuer. This issue has been discussed, in the first place, in relation to the general principles regarding the assumption of debt in the light of the Civil Code, and secondly, in the context of the legal structure of the bond and legal relations incorporated in bonds. The article reviews the views of the doctrine regarding the principle of personal identity and time continuity of the bond issuer. It covers also the Author’s own standpoint on the subject matter. The article contains a number of regulations which suggest that there is no such a principle. Finally, the article contains remarks from the legal analysis.
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The effectiveness of bond collaterals is of great importance in the first place for bondholders, but in a broader perspective for the entire debt securities market. Ensuring that established collateral guarantees real security is a condition for increasing confidence in the market. This should be fostered by an appropriate interpretation of the law, consistent with the objectives of the regulation. The provisions only slightly regulate the matters related to the collateral administration agreement. Despite the small amount, the rules are inconsistent, and their application raises a lot of doubt. One of them is the question of when the security administration agreement should be concluded. The purpose of the study is to point out the arguments supporting the thesis that acollateral administration agreement can be concluded at any time, starting from the idea for bond issues, until the issuer buys the last bond of the given series.
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