Admissibility of imposing a fine for late submission of the application for approval of tariffs by the energy company. Gloss to the Supreme Court’s judgment of 13 January 2016. III SK 6/15
Journal Title: Krytyka Prawa. Niezależne studia nad prawem - Year 2016, Vol 8, Issue 4
Abstract
Presented gloss concerns the theme of the admissibility of imposing a fine by the President of URE on energy company, which admittedly has submitted to regulatory authority tariffs for approval, but did so within the time limit that does not ensure its compliance with the provisions of approval, publication and entry into force before the end of the period for which previous tariff has been approved. In this judgment the Supreme Court advocates the use of language interpretation of rules and changes the point of view expressed in its earlier judgment of 2004. Gloss is critical of the decision taken by the Supreme Court. It discusses the views of doctrine and jurisdiction, pointing to the flaws in the reasoning of the Supreme Court in the grounds of the judgment.<br/><br/>
Authors and Affiliations
Michał Kruszewski
Keywords
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- EP ID EP210561
- DOI 10.7206/kp.2080-1084.131
- Views 81
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