Publicznoprawne zagadnienia dostarczania energii elektrycznej konsumentom
Public-legal Problems of Supplying Power to Consumers
Dostarczanie konsumentom energii elektrycznej regulowane jest różnymi aktami prawnymi. W artykuile omówiono istniejące regulacje prawne i oceniono je z punktu widzenia konstruowania optymalnych stosunków pomiędzy dostawcą i odbiorcą energii.
Supplying power is a specific activity to which regulations of the civil code formulated for sale agreement of movables apply. Energy supplier operating on the market is usually a monopolist. Such a situation - connected with specifity of the commodity supplied - raises a number of unfavourable legal phenomena between energy supplier and recipient. The latter must solely rely on the only supplier on the market. Anti-monopolistic act is to counteract negative phenomena in this sphere. This is the act whose fundamental aim is to eliminate unfavourable situation on the market dominated by one supplier. A part of the article deals with application of this act for agreements on power supply. Moreover, judicial pronouncement, particularly that of the Supreme Court and Anti-monopolistic Court, are very important for optimisation of behaviours on the monopolised market. Until now these courts have pronounced verdicts in favour of the interests of weaker participants of the market. A resolution of the Constitution Tribunal of 1991 is also significant. In this resolution the Constitution Tribunal supported a thesis that the very fact of installing energy transmission equipment by law transfers the right of ownership of this equipment to the supplier of energy. However, there remains an open question of settlements for outlays earmarket for the construction of these facilities. The Constitution Tribunal explained that this is done on the basis of the regulations of the civil law. In December 1997 a new act - law on power - comes into force. It will substitute the existing act of 1984. This act, however, does not contain the expected legal solutions which would significantly improve the situation of recipient on the market of energy. Therefore, judicial pronouncement particularly that formulated on the basis of anti-monopolistic law will still play a very important role. (original abstract)