Poland’s Competition Authority Takes Aim at Renewable Energy Sales Tactics with $1.88 Million in Fines

Key Takeaways

• Misleading Marketing Practices: UOKiK found that renewable energy products were promoted using tactics that mimicked official government communications and exaggerated energy price increases, creating undue pressure on consumers.
• Contractual Imbalance: Standard-form contracts included vague terms and disclaimers that limited consumer rights, particularly around installation timelines and promised energy savings.
• Financial Penalties and Accountability: Authorities imposed over $1.88 million (PLN 7,033,289) in total fines, including penalties against individual executives, reinforcing personal accountability.
• Ongoing Regulatory Scrutiny: Additional proceedings, including those involving Nasz Prąd, highlight continued oversight of contract terms and fee structures in the sector.

Deep Dive

Poland’s Office of Competition and Consumer Protection has handed down more than $1.88 million (PLN 7,033,289) in fines to companies operating in the renewable energy sector, signaling that the country’s push toward clean energy will not come at the expense of consumer protection.

The enforcement action centers on how photovoltaic systems and related services were marketed and sold to households, often framed as a pathway to lower bills and environmental responsibility, but, according to regulators, delivered through tactics that blurred the line between persuasion and deception.

At the heart of the case is a pattern of pressure-driven sales strategies. One company, Polska Energia Grupa Kapitałowa, distributed marketing materials designed to look like official government correspondence, with black-and-white notices labeled “Announcement” or “Notice”—even marked as communications to local residents. For many recipients, the distinction between public authority and private seller was anything but clear.

That sense of urgency was reinforced by claims of looming electricity price surges of up to 300–400 percent. In reality, the authority noted, household electricity prices rose by just under 33 percent between 2022 and 2024. The gap between those figures, presented without context or sourcing, became a central concern for regulators.

If the marketing set the tone, the contracts often sealed the imbalance.

UOKiK found that agreements used by Energia dla Pokoleń included vague provisions that made it difficult for consumers to assert their rights—particularly around installation timelines. Terms like “adverse weather conditions” were left undefined, creating a scenario where delays could stretch on without clear justification or recourse. Promised outcomes, such as projected energy savings, were also undermined by clauses disclaiming any guarantee of performance, leaving consumers exposed if expectations failed to materialize.

Even the sales process itself came under scrutiny. In one instance, a customer received a different system component than what had been presented during the design phase. The company argued that the visual materials were merely illustrative. From a consumer standpoint, however, that distinction risks turning key elements of the sales pitch into non-binding suggestions.

The regulator is also examining practices at Nasz Prąd, where contract clauses could trigger additional fees if installation could not begin promptly. One provision allowed the company to charge $267 (PLN 1,000) per day if a property was deemed unprepared after a two-hour window, without clearly defining what “prepared” actually meant.

In total, the penalties include $1.63 million (PLN 6,129,221) against Energia dla Pokoleń and $241,000 (PLN 904,068) against Polska Energia Grupa Kapitałowa, alongside $103,000 (PLN 387,000) in fines issued to individual managers. The companies have appealed, and the decisions are not yet final.

The GRC Report is your premier destination for the latest in governance, risk, and compliance news. As your reliable source for comprehensive coverage, we ensure you stay informed and ready to navigate the dynamic landscape of GRC. Beyond being a news source, the GRC Report represents a thriving community of professionals who, like you, are dedicated to GRC excellence. Explore our insightful articles and breaking news, and actively participate in the conversation to enhance your GRC journey.