The obligation to impose an administrative fine for the late filing of a report on the types and amounts of produced, imported, and exported, liquid fuels, and on their intended use P 3/23
Ref. No. P 3/23
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 17 October 2024
The Constitutional Tribunal, composed of:
Rafał Wojciechowski – Presiding Judge
Zbigniew Jędrzejewski
Krystyna Pawłowicz
Bartłomiej Sochański – Judge Rapporteur
Jarosław Wyrembak,
Recording Clerk – Michał Rylski,
having considered, at the hearing on 17 October 2024, the question of law referred by the Court of Appeal in Warsaw (the 7th Division – Economic and Intellectual Property Matters), as to whether:
Article 56(2h)(4) in conjunction with Article 56(1)(12b) of the Energy Act of 10 April 1997 (Journal of Laws – Dz. U. of 2022, item 1385) – insofar as it provides for the obligation to impose an administrative fine for the late filing of the report referred to in Article 43d(l) of the said Act, in a fixed amount – is consistent with Article 2, Article 10(1) and (2) in conjunction with Article 175(1), Article 20 in conjunction with Article 22, Article 45(1) in conjunction with Article 178(1) of the Constitution of the Republic of Poland;
adjudicates as follows:
Article 56(2h)(4) in conjunction with Article 56(1)(12b) of the Energy Act of 10 April 1997 (Journal of Laws – Dz. U. of 2024, item 266, as amended) – insofar as it makes it impossible for a common court to reduce the amount of a fine for the late filing of the report referred to in Article 43d(l) of the said Act – is inconsistent with Article 2 in conjunction with Article 10(1) and (2), as well as Article 175(1) of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Rafał Wojciechowski
Zbigniew Jędrzejewski
Krystyna Pawłowicz
Bartłomiej Sochański
Jarosław Wyrembak