The Market Court of the Brussels Court of Appeal recently ruled in a case involving a Belgian telecoms operator, which had been ongoing for more than a decade. In this latest judgment, the Market Court ruled on the effects of a dawn raid's illegality and confirmed the two-step test for determining the same.
Introduction
In a recent judgment, the Supreme Court applied Article 56(1)(6) of the Energy Law, clarifying when the Polish regulator (ie, The President of the Energy Regulatory Office) can impose an administrative fine on an energy company.(1) The Supreme Court dealt with a situation where the tariff applied was contrary to the conditions specified therein. The court s verdict is a reminder for energy companies operating in Poland that administrative fines also apply in situations other than when the prices or fee rates are higher than approved.
Facts
On 30 August 2012 the President of the Energy Regulatory Office imposed an administrative fine on energy company PSA amounting to 0.018% of its total revenue in 2011, equating to PLN1.5 million. The administrative body concluded that PSA had applied the relevant tariff contrary to the conditions specified therein in relation to customers in Tariff Group G. The evidence demonstrated that between 2008 and 2011, PSA had applied referen
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