Interpretations of the President of the Energy Regulatory Office and the responsibility of management board members

Przemysław Mazur, attorney-at-law and partner at Romanowski & Partners, points out that, with a few narrow exceptions, the President of the Energy Regulatory Office (URE) does not have the general authority to issue binding interpretations—and the explanations and positions published are most often “soft law,” which does not bind the courts nor provide automatic protection against sanctions.

Why do management boards still rely on the ERO’s positions?

• because they show how the regulator applies the regulations in practice (inspections, penalties)
• they can support arguments in a dispute (principle of trust, established practice)
• in assessing managerial liability, the process matters: risk identification, mitigating actions (URE position/legal opinions), and consistent action in accordance with the model—which is significant under Art. 293 §3 and 483 §3 of the Commercial Companies Code.

Practical risks: time (months), a general response/rejection, and “increased exposure” to scrutiny by the authority.

An exception offering real protection: an individual interpretation under Article 34 of the Entrepreneurs Law (especially regarding fees/levies)—it is binding on the authority and protects against sanctions within the scope covered.

More in the article [HERE].