# C_2022359EN.01002701.xml

| 19.9.2022 | EN | Official Journal of the European Union | C 359/27 |
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19.9.2022

EN

Official Journal of the European Union

C 359/27

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Request for a preliminary ruling from the Sąd Okręgowy w Warszawie (Poland) lodged on 8 June 2022 — G sp. z o.o. v W S.A.

(Case C-371/22)

(2022/C 359/30)

Language of the case: Polish

Referring court

Sąd Okręgowy w Warszawie

Parties to the main proceedings

Applicant: G sp. z o.o.

Defendant: W S.A.

Questions referred

| 1. | Must Article 3(5) and (7) of Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC, (1) which requires that the rights of an energy customer (small undertaking), in the event of a change of energy supplier, be exercised in accordance with the rule ensuring that the eligible customer is in fact able easily to switch to a new supplier, and that that change be made in a non-discriminatory manner as regards cost, effort or time, be interpreted as precluding the possibility of imposing a contractual penalty on an energy customer for terminating a fixed-term energy supply contract where the energy customer wishes to change energy supplier, irrespective of the amount of loss suffered (Articles 483(1) and 484(1) and (2) of the Ustawa z dnia 23 kwietnia 1964 r. kodeks cywilny (Law of 23 April 1964 establishing the Civil Code)) and without any criteria being laid down in the Law on Energy (Article 4j(3a) of the Ustawa z dnia 10 kwietnia 1997 r. prawo energetyczne (Law on Energy of 10 April 1997)) for the charging of such fees or the establishment thereof? |
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1.

Must Article 3(5) and (7) of Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC, (1) which requires that the rights of an energy customer (small undertaking), in the event of a change of energy supplier, be exercised in accordance with the rule ensuring that the eligible customer is in fact able easily to switch to a new supplier, and that that change be made in a non-discriminatory manner as regards cost, effort or time, be interpreted as precluding the possibility of imposing a contractual penalty on an energy customer for terminating a fixed-term energy supply contract where the energy customer wishes to change energy supplier, irrespective of the amount of loss suffered (Articles 483(1) and 484(1) and (2) of the Ustawa z dnia 23 kwietnia 1964 r. kodeks cywilny (Law of 23 April 1964 establishing the Civil Code)) and without any criteria being laid down in the Law on Energy (Article 4j(3a) of the Ustawa z dnia 10 kwietnia 1997 r. prawo energetyczne (Law on Energy of 10 April 1997)) for the charging of such fees or the establishment thereof?

| 2. | Must Article 3(5) and (7) of Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC, which requires that the rights of an energy customer (small undertaking), in the event of a change of energy supplier, be exercised in a non-discriminatory manner as regards cost, effort or time and in accordance with the rule ensuring that the eligible customer is in fact able easily to switch to a new supplier, be interpreted as precluding an interpretation of contractual clauses which, in the event of early termination of an energy supply contract concluded with a supplier for a fixed term, makes it possible to charge consumers (small undertakings) fees corresponding de facto to the cost of the energy not consumed before the end of the contract in accordance with the take-or-pay rule? |
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2.

Must Article 3(5) and (7) of Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC, which requires that the rights of an energy customer (small undertaking), in the event of a change of energy supplier, be exercised in a non-discriminatory manner as regards cost, effort or time and in accordance with the rule ensuring that the eligible customer is in fact able easily to switch to a new supplier, be interpreted as precluding an interpretation of contractual clauses which, in the event of early termination of an energy supply contract concluded with a supplier for a fixed term, makes it possible to charge consumers (small undertakings) fees corresponding de facto to the cost of the energy not consumed before the end of the contract in accordance with the take-or-pay rule?

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(1)  OJ 2009 L 211, p. 55.

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