The Commercial Company Code allows representation by a supervisory board or proxy appointed by a resolution of a shareholders' meeting in contracts or disputes between companies and their management boards. In this context, the Supreme Court recently examined whether a limited liability company should be represented by a general partner or its management board when amending a limited partnership agreement, despite the fact that the limited partner was a member of the company's management board.
On 1 January 2021 the capacity fee came into force. However, the system for its determination and collection is not entirely clear in light of the wording of the Act on the Capacity Market. In this regard, the act creates specific obligations for some system participants, including distribution system operators. The wording of the provisions on this matter may give rise to some interpretative difficulties when applied in practice.
The President of the Energy Regulatory Office recently announced the capacity fee rates for 2021. As of 1 January 2021, this fee will be added to electricity end-users' bills for the first time. This article provides an overview of the capacity fee, the rates thereof and the purpose of its introduction, as well as the key principals of the capacity market.