Specific liability rules for illegal extraction of fuels or energy in energy law...

What is it about?

Specific liability rules for illegal extraction of fuels or energy in energy law – current status and de lege ferenda conclusions. The study analyses three separate factual situations, covered by the provision of Article 57, paragraph 1 of the Energy Law (p.e.), which fulfil the prerequisites of illegal collection of fuels or energy: collection without a contract, bypassing the meter or by tampering with the meter. The authors, based on dogmatic research, case law and practical experience, pose and undertake to prove two theses revealing the inadequacy of the current regulation. Firstly, the current regulations do not sufficiently protect suppliers in pursuing claims against the person committing illegal consumption, and secondly, the prerequisites exonerating the consumer from liability (an acute fine) are generally impossible to prove, which does not meet the standard of protection of the rights of the subject, which is generally weaker than the supplier, and harms the general perception of justice. The result of the Authors’ work is the formulation of a proposal for the new wording of Article 57(1) p.e. and the justification for the change in the law. It is the intention of the authors to formulate a precise framework of the recipient’s obligations, the observance of which allows the recipient to meet the due diligence benchmark, taking into account the self-interest of the recipient and the supplier.

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Full version available in BUSINESS LAW JOURNAL, at: Przegląd Ustawodawstwa Gospodarczego 10/2024, s. 18-25 https://doi.org/10.33226/0137-5490.2024.10.3

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