Poland - Consumer on gas market

Irregularities identified in all agreements concluded between consumers and gas suppliers – these are results of latest inspection by UOKiK. The social research revealed also that most of us had never complained about gas bills or had any reservations to gas sellers. On the occasion of the World Consumer Rights Day, UOKiK would like to attract public attention to the problems faced by gas recipients.

In March 2012, TNS Polska by the commission of UOKiK surveyed individual gas recipients into their legal awareness and problems encountered in relations with undertakings. The conducted survey demonstrates that a mojority of consumers is not aware of their right to change the gas seller at their discretion. Only 19 % of respondents marked such option. 29 % of surveyed expressed the opposite whereas 59 % had no knowledge in this respect. Respondents had difficulties in pointing the institution they should address in case of disputes with a gas supplier. Only every fourth respondent indicated the relevant institutions – the Energy Regulatory Office (9%) and consumer ombudsmen (17%). According to the survey, very few consumers enjoy this right – only as much as 3 % of respondents had ever complaint about gas bills, and the majority (59 %) expressed no reservations towards gas suppliers. Moreover, gas bills proved to be understandable to most individual recipients (62 % of surveyed).

On the other hand, UOKiK’s inspection of standard forms of agreements applied by gas sellers revealed numerous irregularities. From November to December 2012, the Office of Competition and Consumer Protection inspected, inter alia, agreements, applications to sign a contract, and regulations used by 16 undertakings, namely: 7 companies belonging to the PGNiG capital group (Polskie Górnictwo Naftowe i Gazownictwo, Dolnośląska Spółka Gazownictwa, Górnośląska  Spółka Gazownictwa, Karpacka Spółka Gazownictwa, Mazowiecka Spółka Gazownictwa, Pomorska Spółka Gazownictwa and Wielkopolska Spółka Gazownictwa) and 9 largest alternative gas suppliers (Amber Gaz, Anco, Avrio Media, Duon Dystrybucja, Egea Grupa Energetyczna, EWE Energia, G.EN. Gaz Energia, SIME Polska and Tarnogrodzki Zakład Komunalny). The inspection covered the total of 159 standard forms of agreements, based on which over 6 million consumers signed contracts. These  included all standard forms used by PGNiG and over 99% of agreements to which parties were consumers and alternative suppliers. The inspection involved the analysis of agreements of sales and distribution of gas as well as comprehensive and gas network connection agreements.

Irregularities were identified in all the inspected undertakings – in total 178, including as much as 134 abusive clauses - and regarded e.g. terminating the agreement, suspension of gas supply, deadline for submitting complaints and responding to such, exclusion of entrepreneur’s liability or imprecise specification of the possibility of imposing contractual fines.

Contract termination and suspension of gas supply

The application of a clause allowing the energy company for unlawful contract termination represented the most common irregularity. Nine companies enjoyed such option irrespective of provisions of energy law, based on e.g. essential changes in the functioning  of gas market, delays in due payments to the previous gas supplier. Moreover, the inspection of UOKiK revealed that most of examined companies vested themselves with the right to hold up gas supply for reasons other than provided by the law. Under the law, such conduct is justified in the case of illegal gas consumption, or when the installation placed at the recipient may be dangerous to life and health or the environment. However, according to the clauses in question, undertakings could cut off gas supply also on other than statutory grounds, e.g. no access to the network in case of property risks or damaged gasometer.

Complaints

Another practice challenged by UOKiK was too short time limit for filing a complaint or pursuing claims. The energy law does not specify the time limit for filing a complaint, however, UOKiK took the stance that in compliance with provisions of the civil code, in such cases consumers can submit their objections concerning the supply of gas and financial settlements within a month time.

On the other hand, provisions clearly specify the deadline for considering a complaint by an energy company  -  14 days. The inspection revealed, however, that  two undertakings unlawfully prolonged the time limit to 21 days.

Excluding the liability

Under the law, an undertaking is liable for failure to perform or improper performance of a contract. Its liability may be excluded only in situations where the undertaking does not take any responsibility, e.g. improper performance of a contract by the recipient, otherwise such entity is obliged to provide a compensation to a consumer as well as compensate for the lost profits. The analysis of UOKiK indicated, however, that six undertakings entirely excluded their liability, and four resticted the value of compensation (e.g. up to 50 % of monthly payment for the transfer or distribution of gas).

Actions of UOKiK following the inspection

The inspections concerning the violation of collective consumer interests were instituted against all 16 inspected companies. Moreover, actions will be brought soon to the Court of Competition and Consumer Protection (pl. SOKiK) to recognize the clauses as prohibited – this will embrace all the inspected undertakings.

Information on the rights vested to gas recipients can be found in the guidebook developed by UOKiK. In case of disputes with gas suppliers, consumers may address the poviat or municipal consumer ombudsmen according to their territorial capacity, seek free of charge assistance availabe at the local branches of the Polish Consumer Federation or at 800 007 707, or the Association of Polish Consumers at porady@dlakonsumentow.pl.

Furthermore, the Energy Regulatory Office established the information point for recipients of fuel and energy, where experts from the Office provide advice and practical assistance to these energy recipients who have encountered problems in their relations with sellers of electric energy, gas and heat.

The debate to be held by UOKiK on 15th March to celebrate the World Consumer Rights Day will be devoted to the inspection of standard forms of agreements and the survey of consumer awareness.