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European Commission refers Poland to court over regulated gas prices

The European Commission has decided to refer Poland to the Court of Justice of the European Union for failing to comply with the EU internal energy market rules. The Commission considers that the Polish legislation fails to respect the requirements of EU law in important aspects, in particular: it does not set a time limit for the application of regulated prices and the Polish system applies to all non-household users, regardless of their size and situation.

Under the Gas Directive (2009/73/EC) prices should primarily be determined by supply and demand. State-set tariffs for non-household end-users impede new gas suppliers from entering the gas market and do not allow Polish consumers to reap the full benefits that the internal market can offer.

The Commission opened an infringement procedure on this issue in June 2009. Despite numerous exchanges with the Polish authorities in the course of the procedure, Poland has failed to bring its price regulation system in conformity with EU law. The Commission has therefore decided to take Poland to Court.

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