New changes to the Energy Law: Price freeze and Energy Voucher in 2024

• a price cap on energy for, amongst others, the SME sector at PLN 693/MWh until the end of 2024; (does not apply to contracts with dynamic pricing)
• freezing energy prices for, among others, households at PLN 500/MWh until the end of 2024; (does not apply to contracts with dynamic pricing)
• changes to the regulations concerning discounts for energy-saving consumption:

The proposed regulations provide a clear determination of which energy supplier is responsible for granting the discount in the event of a change of supplier, and, unfortunately, only partially clarify the deadlines for paying the discount.Under the proposed provisions: Where an eligible entity has concluded one of the contracts referred to in paragraph 1 with an eligible customer, the discount is applied by reducing the amount due on the next invoice or subsequent invoices. In the event of termination of the contract on or after 31 December 2023, the discount is transferred in a single payment to the account specified by the eligible customer within 14 days of the eligible entity receiving details of the customer’s payment account. Which invoice will the supplier reduce the amount due from? If the discount is small and ‘fits’ within a single invoice, then it will be applied to that one; if not, then to subsequent invoices? Is the legislator once again seeking to be lenient towards energy suppliers and grant them considerable discretion?

Attachments:

Government draft bill on temporary price caps for electricity, natural gas and district heating, and on the energy voucher.

Explanatory memorandum – Government draft bill on temporary price caps for electricity, natural gas and district heating, and on the energy voucher.

Author

Aleksandra Lindner

Adwokat, Partner

Expert in energy, commercial and business law - She has extensive experience in the areas of energy, commercial and business law, gained both at renowned Warsaw law firms and by serving as in-house lawyer at leading energy, financial and new technology companies. Her professional practice focuses on providing comprehensive legal services to corporations, managing mergers and acquisitions (M&A) transactions, transformations of commercial companies, and in resolving corporate disputes.

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