Many uncertainties arise on the grounds of the Act of 27 October 2022 on emergency measures to reduce electricity prices and support certain consumers in 2023 that entered into force on 4 November 2022, especially with respect to real estate market, where reinvoicing electricity by property owners to their tenants is common, well established, and approved by the Energy Regulatory Office practice:
- How the status of micro, small and medium entrepreneurs should be tested – taking into account the capital groups as prescribed in the EU law or as it is prescribed in national law?
- Who should have the status of micro, small and medium entrepreneurs to benefit from the maximum price of electricity – property owner, its tenants or both?
- Who should make the statement under criminal liability to electricity supplier – property owner, its tenants or both?
- How core business activity should be understood?
- What are the real risks of misinterpreting the law?
The lawmakers in the draft Act on the special protection of certain consumers of gaseous fuels in 2023 in connection with the situation on the gas market (yes, in the law dedicated to gas market) try to address some of the above doubts. The draft bill that is currently considered in the Parliament assumes that:
- entity which provides electricity to the premises (e.g. a property owner) occupied by the entities (e.g. tenants) is entitled to make a statement,
- deadline for making a statement by an entity providing electricity to the premises is prolonged until 31 January 2023 (however it is not a binding law yet).
Nevertheless, it is still not clear:
- Who should examine whether tenants have the status of micro, small and medium entrepreneurs or fall within another category of entitled electricity users?
- How it should be done?
- Should tenants make the statement? And if yes to whom it should be addressed – their landlord or electricity supplier?
We follow the legal situation considering the maximum prices of electricity closely. If you are interested in more information on these topics, here are our contact details:
- Wiktoria Rogaska, Counsel
- Paulina Stachura, Senior Associate