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Energy & RES

Dispute with an energy seller over a contractual penalty

For companies that received a debit note or a payment demand for a contractual penalty for early termination after switching electricity or gas seller. The matter can also be referred while the contract still runs and the seller announces such a charge.

Fee
from 2 800 EUR net
Prices are net, in EUR. VAT depends on your status and place of establishment.

You can order this service directly, without a prior consultation. We confirm the scope and the fee before we start.

Request a quote Book a consultation first
A consultation is optional. To discuss your matter with a lawyer first, you can book a consultation for PLN 600 net + VAT. If you then order the work, its cost is credited against the project fee.

Before we start, we agree and confirm the scope and the fee. The price is indicative and does not constitute an offer within the meaning of the Polish Civil Code.

What it includes

  • Review of the contract, the amendments and the terms the charge is based on, together with the termination procedure
  • Check of whether the seller has substantiated the demand as to its basis and its amount, including the elements of the calculation formula
  • Assessment of the company's status against the statutory limits on termination costs
  • Draft response to the debit note, a request for the basis and the calculation, or a settlement proposal
  • Conduct of negotiations with the seller

What the price does not include

  • Court representation, agreed as a separate stage
  • Proceedings before the Energy Regulatory Authority (URE), agreed separately
  • Tax settlement of the charge and accounting services

What you receive

  • A written assessment of the contractual basis of the charge, the way it was calculated, the evidence gaps on the seller's side and a recommended order of action
  • A comparison of the options against the goal, whether closing the matter quickly, reducing the amount or disputing it in full
How it works

How the charge is assessed

The point of the work is a basis for one decision: pay, negotiate the amount or dispute the demand in full. Four steps.

  1. Basis of the charge

    We review the contract, the amendments and the price terms, and the procedure by which the contract was terminated.

  2. Calculation check

    We check whether the seller substantiated the demand as to its basis and amount, and we recalculate the elements of the formula.

  3. Statutory limits

    We assess the company's status against the statutory limits on the costs of terminating a supply contract.

  4. Response and negotiations

    We prepare the response to the debit note or a settlement proposal and, where agreed, conduct the negotiations.

Who this is for and when

The service is addressed to companies that received a debit note or a payment demand for a contractual penalty after switching electricity or gas seller. It also makes sense while the contract still runs and the seller announces such a charge, because the termination itself can then be set up properly.

The matter should be referred before the deadline in the debit note expires, before payment and before a settlement or an instalment arrangement is signed. Where a claim, a payment order or a demand with a deadline has been received, the date of receipt decides the urgency. Payment without reservation can make it harder to challenge the charge later, so the consequences are better assessed beforehand.

What the analysis delivers

The deliverable can be a written assessment covering the contractual basis of the charge, the way it was calculated, the evidence gaps on the seller’s side and a recommended order of action. The options are compared against the goal: closing the matter quickly, reducing the amount or disputing it in full.

The agreed scope may cover the review of the contract, the amendments and the terms the charge rests on together with the termination procedure, the check of whether the demand is substantiated as to basis and amount, the assessment of the company’s status against the statutory limits on termination costs, drafts of a response to the note, of a request for the basis and the calculation or of a settlement proposal, and the conduct of negotiations. Court representation is a separately agreed stage. A quotation is not an opinion on the merits of the demand, and no cancellation of the charge, particular reduction or timing is promised.

What the fee depends on

  • Amount of the charge and complexity of the calculation formula
  • Number of contracts, amendments and metering points covered
  • Whether the engagement stops at the analysis or continues into negotiations
  • Urgency arising from the deadline in the debit note or in a received court document

We agree the fee individually, at an hourly rate or as a flat fee, and confirm it before we start.

Request a quote

To order this service, describe your matter. A consultation is not required. We confirm the scope and the fee before we start.

Information you share in connection with legal assistance is covered by the professional secrecy of advocates and attorneys-at-law under Polish law.

Described matter

What we have done in this area

HWW won a dispute for a business customer over a debit note of more than PLN 90,000 in liquidated damages, issued by an energy seller after the customer terminated an electricity contract concluded for an indefinite period: the firm showed that the termination had already taken effect at the end of 2023, and the court also examined the case in the light of Article 4j(3) of the Energy Law, which allows such a contract to be terminated without additional costs. Each case has its own facts, so this outcome does not predetermine another.

What we have written on this topic

Further described matters are listed under our track record.

How to start

You can order this service directly or book a consultation first. A consultation is not required to order the service.

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