19.02.2025 | Polish competition authority
The Polish competition authority, known as UOKiK, has recently taken decisive action against two companies in the renewable energy sector, Polska Energia Grupa Kapitałowa and Am Eco Energy. The authority found that these companies employed abusive clauses in their contracts, which led to significant financial penalties totaling almost 3 million PLN.
Complaints were lodged against the companies for their practices related to the installation and sale of photovoltaic systems, heat pumps, and other heating systems. UOKiK's investigations revealed that the companies included vague terms in their contracts that allowed them to unilaterally change essential contract conditions, exempt themselves from liability for installation errors, and impose excessive penalties on consumers.
UOKiK President Tomasz Chróstny emphasized the importance of protecting consumers in a rapidly growing renewable energy market. He noted that while many consumers seek to reduce their energy bills through renewable solutions, some companies exploit this demand by imposing unfavorable contract terms.
The authority identified several problematic clauses, including those that allowed companies to avoid responsibility for damages during installation, change installation dates without justification, and impose harsh penalties on consumers for vague reasons. Additionally, some contracts discouraged consumers from pursuing claims or complaints by threatening them with costs if their complaints were deemed 'unjustified' without clear definitions of such situations.
As a result of these findings, UOKiK has prohibited the use of these unfair contract terms and imposed fines of over 2.8 million PLN on Polska Energia Grupa Kapitałowa and more than 54,000 PLN on Am Eco Energy. The companies have the right to appeal these decisions in the Court of Competition and Consumer Protection.
UOKiK has also issued consumer advice, urging individuals to carefully assess their renewable energy installations, compare offers from different providers, and be cautious of high-pressure sales tactics. Consumers are reminded to ensure that contracts clearly outline all terms, including the brand and model of components, installation timelines, total costs, and warranty conditions.
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