Nowadays, end users of electricity and gas are not only billed for the electricity they consume and the services provided in connection with its supply, but are also required to pay in advance for the projected future consumption of the medium. The source of controversy regarding the legality of suppliers‘ actions are forecasts that exceed subsequent consumption. The question arises as to whether, in such cases, suppliers should compensate consumers for the use of their capital. This issue prompts inquiries — based on legal-dogmatic and praxeological analysis — whether the provisions regulating forecasts are based on EU law, whether the implementing regulations to the Energy Law Act are consistent with the statutory delegation, and finally, whether the regulation is balanced and sufficiently shapes the safeguards protecting customers. Part of the study examines whether the existing legal measures to protect the interests of consumers are adequate to the perceived threats, prevent the risk of suppliers exploiting their advantage over consumers, and whether consumers have the opportunity to take independent action to protect and assert their rights. The analysis also assesses the need for possible legislative amendments.
Full version available at: Wyzwania ochrony konsumenta (2026), p. 95-106
