A new law has amended the conditions for the approval of, and narrowed down the renewable energy source (RES) projects which may be accepted as, investments of strategic interest. Henceforth, only investments of at least €50 million in projects which use technological innovations to produce electricity from an RES and have a common connection point to the grid and investments of at least €100 million in projects with a common connection point to the grid may be approved as strategic investments.
The Supreme Court recently applied Article 56(1)(6) of the Energy Law to clarify when the Polish regulator can impose an administrative fine on an energy company. The Supreme Court dealt with a situation where the tariff applied was contrary to the conditions specified therein. This verdict will have an important impact on similar administrative proceedings against trading companies.