Proceedings before the President of the Energy Regulatory Office in connection with the imposed penalty on alledged non-compliance with conditions and criterias of independence of the distribution system operator, which according to the President of the Energy Regulatory Office, have resulted from the concluded in 2010 technical support contract with Enea SA.
As a result of separation in 2007, Enea Operator took control over customer service in the Enea Group. In 2010, however, an amendment to the Energy Law was adopted, based on which any services of a distribution system operator for trading companies in the scope related to energy trading were intradicted. Therefore, in the Enea Group started reorganization of customer service - Enea SA took control over customer service in the scope of
so-called "Front line " operations, and there was concluded a contract between Enea SA and Enea Operator to provide technical support. However, President of the Energy Regulatory Office had some concerns regarding the scope of the contract and initiated a proceeding against Enea Operator.
Regarding Enea Wytwarzanie sp. z o.o. before the public administration bodies and administrative courts are carried out proceedings on:
1) Submitted by Enea Wytwarzanie sp. z o.o. applications for the refund of overpaid excise tax from previous years. Described in more detail in the financial statements for 2013. In 2013 the Supreme Administrative Court in Warsaw with decisions from January and early February dismissed 38 cassation appeals for the years 2006, 2007, 2008, 2009 in the scope of in refusal to confirm and return overpaid excise tax.
With decisions dated 28 March 2014 the Head of the Customs Office in Radom dismissed as unnecessary tax proceedings on the determination of tax liability duty for the months August 2006, April, May, June and October 2007.
2) Reinstatement of the due date for submiting a declaration of the quantities of the electricity used in the process of production of electricity (legal period for submiting statements is 15th day of the following month). In relation to the application submitted on 20 January 2011 by Enea Wytwarzanie sp. z o.o. to reinstate the due date to submit a statement of the quantities of electricity consumed in the process of production of electricity, released from excise duty for the month of December 2010. On 3 February 2011 the Head of the Radom Custom Office refused the reinstatement of the due date to forward the abovementioned declaration. As a result of a complaint filed the Director of the Customs Chamber in Warsaw reversed the decision of and remanded the case for reconsideration to the Head of the Radom Custom Office.
With a decision of 20 February 2013 the Head of the Radom Custom Office discontinued the proceeding on reinstatement the deadline. Enea Wytwarzanie sp. z o.o. From above mentioned decision Enea Wytwarzanie SA filed an appeal. With a decision of 31 January 2014 Director of the Customs Chamber in Warsaw upheld the decision of first instance of the tax authority (the Head of the Customs Office in Radom). On 19 March 2014 Enea Wytwarzanie sp. z o.o. appealed against the above decision to the Administrative Court in Warsaw, Department VII in Radom. With ordinance dated 20 April 2014 the Administrative Court in Warsaw, Department VII in Radom called Enea Wytwarzanie SA to pay court fees in the amount of PLN 500 for complaints against decisions of the Director of the Customs Chamber in Warsaw. The fee was paid on 14 May 2014. Currently we are waiting for further action of the Court in this case.
3) Segment heat (former Elektrociepłownia Białystok) is prosecuting the case against the President of the Energy Regulatory Office, Local Branch in Lublin. The case on a request Enea Wytwarzanie sp. z o.o. to establish the conditions of the contract of sale of electricity produced from renewable energy sources to PGE Obrót SA in Rzeszów (ex officio seller); OLB sign-5111-3 (15) / 2013 / GS.The decision of the President of the Energy Regulatory Office dated 25 October 2013 under which the President of the Energy Regulatory Office ruled an agreement with PGE Obrót SA of the content attached to the decision. The decision is not legally binding. On 12 November 2013 PGE Obrót SA submitted an appeal to the District Court in Warsaw-the Court of Competition and Consumer Protection. On the date of 28 January 2014 directed the respondent. The date of the hearing has been set on 9 February 2015, on which the case was postponed till 16 March 2015.