Charakter prawny i zasady sądowej kontroli decyzji Prezesa Urzędu Regulacji Energetyki w sprawach odmowy przyłączenia do sieci – na przykładzie farm wiatrowych

Abstract

The model adopted in the polish legal system for dispute settlement in ‘connection to the network’ contract cases, implies that in the first instance the dispute is settled by the regulatory authority in administrative proceeding. That ensures the competence of the body hearing the case, efficiency of the proceeding and the uniformity of decisions. This phase ends with the President of the Energy Regulatory Office issuing an administrative decision that resolves the civil law dispute. All parties to the proceeding may deny the correctness of the decision. But to litigate the decision establishing lack of obligation to enter into the connection to the network agreement is an entitlement only available to an entrepreneur applying for the connection of a wind farm. An appeal to the common court initiates the second phase of the proceeding. The Court of Competition and Consumer Protection hears the case from the beginning and evaluates the evidence following the rules of adversarial procedure and burden of proof. The proceeding at the common court is faster and more efficient than the proceeding at the administrative court. The administrative court reviews only the legality of the contested decision and is empowered only to revoke it but the common court is entitled to review the case on its merits and is empowered to change the decision. Besides this, connection to the network contract cases are civil cases so it follows that they should be the subject of the common courts cognition. The guarantee of insightful investigation in these cases is the double instances system of proceeding and the availability to file a cassation appeal.