as reported by the Office antitrust proceedings were instituted upon notice to the President of ERO, after the 2013 other seller of electricity lost the opportunity for its further delivery. Launched the so-called. sale reserve realized by entities of the group Tauron.
“Consumers have been surprised by the call to bring in the short term high security, failing to stop power supply, “- wrote the OCCP
Tauron The sale is the sole seller of backup electricity accessible to customers without their comprehensive services in the area of Jelenia Góra, Legnica, Opole, Walbrzych, Wroclaw, Bielski, Bedzin, Czestochowa, Krakow and Tarnow. On the other hand, Tauron sale GZE is the only seller of backup for customers in the area of Gliwice.
According to the Office, the proceedings uprawdopodobniło that the conditions imposed on consumers by sellers reserve of Tauron Group, financial security for the payment of debts, were too strict and prohibitive (the desired protection could be up to 2.5 times the equivalent of the anticipated monthly consumption they should pay in advance, in a few days time limit).
As stated in the decision of UOKiK imposed Tauron, among others, recipients required to lodge a financial security to be lodged within 5 days from the date of reserve electricity sales agreement for future receivables under this agreement. This protection would be equivalent to 2.5 times the amount of electricity taken over the last accounting period – in the case of business customers with an annual electricity consumption exceeding 3 GWh, or the equivalent of 1.22 times or 1.23 times the amount of electricity planned for pickup by the recipient during the month, while the recipient’s commitment to making a ten-day advance payments on account receivables for electricity – in the case of business customers with an annual electricity consumption of more than 3 GWh.
“Terms of the grant agreements vendors reserve too far-reaching powers to unilaterally terminate the contract (and consequently the cessation of supply), even in situations where the recipient is not in arrears with payments including in an emergency situation its bankruptcy “- said the Authority.
It’s about provisions such as reservation privileges for each of the the parties to terminate it with a 14-day or one-month notice period after the deposit of this page notice in writing to the end of the calendar month.
Others questioned by the OCCP provisions of the agreements include reservation permissions for the seller to terminate the contract, subject to the 7-day notice, in case of an emergency the other hand, insolvency or an application for bankruptcy, reorganization or liquidation.
A include reservation permissions for the seller to terminate the contract, subject to the 7-day notice, in the event of a breach by the other party the relevant provisions of the agreement that are not remedied within 10 days of receipt of its notice in writing containing the identifying details of the infringement and demand the removal of specified breaches.
“Company Sales and Tauron Tauron sale GZE recognize the legitimacy of the reservations raised and committed themselves m.in . to lower (the equivalent of one month’s consumption) the amount of financial security and extend the deadline for lodging. With contracts with customers are also deleted a provision entitling the seller to unilaterally terminate the contract, in situations other than those provided for in the Energy Law “- Office reported.
The decisions are not legally binding, the Companies have the right to appeal against them to the Court.
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