It is commonly believed that household consumers are special consumers within the context of contracts with utility companies (suppliers of electricity, heat and gas). The legal definition of household consumer lacks clarity and, therefore, comparative legal research is needed to investigate the definition of the concept in the law of another EU country as compared to how it is defined in Polish law. This should involve reconstructing the semantic content of the concept and defining clearly the contemporary meaning of household. Is household a permanent social setting or is it subject to change over time, for example as a result of social change, habits or society becoming more affluent? Finally, can a household consumer be treated as a collective consumer and, if yes, what is the personal arrangement in such a community? If it is assumed that a household consumer can be treated as a collective consumer, can the supply of a utility be divided and who would be entitled to exercise (statutory) rights granted to the members of the household as a collective consumer, particularly if a dispute arises within the household? The above issues must be resolved objectively if the scope of the concept of household consumer is to be defined precisely, namely who and when can be treated as such a consumer, which is particularly important given the multiple definitions introduced in 2023 for the purposes of regulations other than the Energy Law (Act of Parliament) to protect such consumers from price increases, as well as general price preferences and other rights enjoyed by such consumers. The main purpose of the analysis is to reconstruct the concept of household consumer in order to identify the party to a contract with a utility supplier for the supply of electricity or gas.
Full version available at: „Prawa konsumenta wczoraj, dziś i jutro”, s. 13-25
