Fines for failure to submit required reports by small-scale renewable electricity producers P 8/21
Ref. No. P 8/21
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 3 April 2025
The Constitutional Tribunal, composed of:
Wojciech Sych – Presiding Judge
Zbigniew Jędrzejewski
Jakub Stelina – Judge Rapporteur
Bogdan Święczkowski
Andrzej Zielonacki,
Recording Clerk – Agnieszka Krawczyk,
having considered, at the hearing on 3 April 2025, the question of law referred by the Court of Appeal in Warsaw, as to whether:
“Article 170(4)(1) of the Act of 20 February 2015 on Renewable Energy Sources (i.e. Journal of Laws – Dz. U. of 2018, item 1269) – in the version that was in force until 14 July 2018 – and Article 170(4)(2) of the Act of 20 February 2015 on Renewable Energy Sources (i.e. Journal of Laws – Dz. U. of 2020, item 261) – in the version that is currently binding, in conjunction with Article 168(11) of the said Act” are consistent with Article 2, Article 10 in conjunction with Article 175(1), Article 45(1) in conjunction with Article 178(1) of the Constitution,
adjudicates as follows:
Article 170(4)(2) in conjunction with Article 168(11) of the Act of 20 February 2015 on Renewable Energy Sources (Journal of Laws – Dz. U. of 2024, item 1361, as amended) is inconsistent with Article 2 of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was adopted by a majority vote.
Wojciech Sych (dissenting opinion)
Zbigniew Jędrzejewski
Jakub Stelina
Bogdan Święczkowski
Andrzej Zielonacki