Given a lack of an amicable resolution in this case, ENEA S.A. brought lawsuits against:
−
TAURON Polska Energia S.A. – lawsuit of 10 December 2015,
−
TAURON Sprzedaż GZE Sp. z o.o. – lawsuit of 10 December 2015,
−
PKP Energetyka S.A. – lawsuit of 28 December 2015,
−
PGE Polska Grupa Energetyczna S.A. – lawsuit of 29 December 2015.
In
the
case
ENEA
S.A.
vs.
Tauron
Polska
Energia
and
others
(file
no.
XIII
GC
600/15/AM),
on
23
March
2021
in
its
entirety
and
awarded
the
costs
of
proceedings
in
favour
of
the
defendant
and
the
co-defendants.
The
ruling
along
with
justification
in
writing
was
delivered
on
20
May
2021.
On
10
June
2021,
ENEA
S.A.
lodged
an
appeal
to
the
Appeals
Court
in
Katowice.
In
the
case
ENEA
S.A.
vs.
TAURON
Sprzedaż
GZE
Sp.
z
o.o.
(file
no.
X
GC
546/15),
on
21
December
2021
the
District
Court
in
Gliwice
dismissed
the
claim
in
its
entirety
and
awarded
the
costs
of
proceedings
in
favour
of
the
defendant.
The
ruling
along
with
a
justification
in
writing
was
delivered
on
3
March
2022.
On
17
March
2022
ENEA
S.A.
lodged
an
appeal to the Appeals Court in Katowice.
The
case
ENEA
S.A.
versus
PKP
Energetyka
S.A.
(file
no.
XX
GC
1166)
is
still
being
examined
by
the
District
Court
in
Warsaw in the first instance.
In
a
case
against
PGE
Polska
Grupa
Energetyczna
S.A.
(file
no.
XVI
GC
525/20,
previous
file
no.
XX
GC
1163/15)
-
through
a
ruling
of
7
January
2021
the
court
suspended
the
proceeding
at
the
mutual
request
of
the
parties.
Through
a
ruling
of
19
November
2021,
the
court
resumed
the
previously
suspended
proceeding.
Through
a
ruling
of
1
March
2022,
the
court
suspended
the
proceeding
at
the
mutual
request
of
the
parties.
Through
a
motion
of
28
August
2022,
ENEA
S.A.'s
attorney
requested
that
the
proceeding
be
resumed.
The
court
resumed
the
proceeding
on
2
October
2022.
On
28
October
2022,
the
attorney
of
ENEA
S.A.
requested
a
stay
of
proceedings.
The
parties
agreed
to
enter
into
an agreement to end the dispute.
No amounts concerning the above cases were recognised in the consolidated statement of financial position.
43.6. Dispute concerning prices for origin certificates for energy from renewable sources and terminated
agreements for the purchase of property rights arising under origin certificates for energy from
renewable sources
ENEA
S.A.
is
a
party
to
4
court
proceedings
concerning
agreements
for
the
purchase
of
property
rights
arising
under
certificates of origin for energy from renewable sources, which includes:
•
3
proceedings
for
payment
in
which
claims
for
remuneration,
contractual
penalties
or
damages
are
pursued
against
ENEA
S.A.,
with
one
proceeding
resulting
in
a
partial
resolution
of
the
claims,
and
the
other
proceeding
resulting
in
a
preliminary
and
partial
resolution
of
the
claims
and
recognition
of
the
ineffectiveness
of
the
termination of the agreement; these resolutions are final and binding;
•
1
proceeding
to
determine
the
ineffectiveness
of
ENEA
S.A.'s
termination
of
property
rights
sale
agreements
made on 28 October 2016;
ENEA
S.A.
offset
a
part
of
receivables
due
for
these
counterparties
from
ENEA
S.A.
for
sold
property
rights
with
damages-related
receivables
due
for
ENEA
S.A.
from
renewables
producers.
The
damage
caused
to
ENEA
S.A.
arose
as
a
result
of
the
counterparties'
failure
to
fulfil
a
contractual
obligation
to
participate,
in
good
faith,
in
re-negotiating
long-term
agreements
for
the
sale
of
property
rights
in
accordance
with
an
adaptation
clause
that
is
binding
for
the
parties.
On
28
October
2016,
ENEA
S.A.
submitted
statements
depending
on
the
agreement:
on
termination
or
withdrawal
from
long-term
agreements
for
the
purchase
by
the
Company
of
property
rights
resulting
from
certificates
of
origin
for
energy
from renewable sources (green certificates) (Agreements).
The
Agreements
were
executed
in
2006-2014
with
the
following
counterparties,
which
own
renewable
generation
assets
("Counterparties"):
•
Farma Wiatrowa Krzęcin Sp. z o.o., based in Warsaw;
•
Megawind Polska Sp. z o.o., based in Szczecin;
•
PGE Górnictwo i Energetyka Konwencjonalna S.A., based in Bełchatów (currently PGE Energia Ciepła S.A.);
•
PGE Energia Odnawialna S.A., based in Warsaw;
•
PGE
Energia
Natury
PEW
Sp.
z
o.o.,
based
in
Warsaw
(currently
PGE
Energia
Odnawialna
S.A.,
based
in
Warsaw);
•
"PSW" Sp. z o.o., based in Warsaw;
•
in.ventus
Sp.
z
o.o.
EW
Śniatowo
Sp.
k.,
based
in
Poznań
(currently
TEC1
Sp.
z
o.o.
EW
Śniatowo
Sp.
k.,
based
in Katowice);
•
Golice Wind Farm Sp. z o.o., based in Warsaw.
As
a
result
of
the
terminations
submitted
by
ENEA
S.A.,
the
contracts
were
terminated,
according
to
ENEA
S.A.'s
assessment,
in
principle
at
the
end
of
November
2016.
The
dates
on
which
the
respective
Contracts
were
terminated
depended on contractual provisions.