Pursuant to the Act of 23 May 2024 on the Energy Voucher and Amendments to Certain Acts for the Purpose of Restricting the Prices of Energy, Natural Gas and Heat (hereinafter: the ‘Voucher Act’), micro, small and medium-sized entrepreneurs who were entitled to and benefited from billing for electricity at maximum prices in the period from 1 July 2024 to 31 December 2024, are obliged to submit the relevant information on the aid granted to their energy seller o by 28 February 2025 (Articles 37(6) and 38(5a) of the Voucher Act).
The energy seller will verify the aid information provided, and if a breach of the conditions for granting de minimis aid is found (e.g. the permissible threshold of EUR 300,000 in the last 3 years is exceeded), or the information is not provided on time, the energy seller will call on the entrepreneur to repay the aid granted for the period from 1 July 2024 to 31 December 2024.
The obligation to reimburse the granted aid results from Article 38a(8) of the Voucher Act. In such a situation, the entrepreneur will have to reimburse its energy seller, the difference between the maximum price and the price that results from the concluded electricity sales contract, together with statutory interest, which will be calculated from the date of settlement, i.e. from 1 July 2024. The reimbursement takes place within the framework of current electricity settlements. Taking into account that most electricity sales contracts have a price of more than PLN 1,000 per MWh and taking into account the aforementioned statutory interest, entrepreneurs who will be obliged to reimburse the granted aid may experience a significant increase in costs in subsequent settlement periods.
The relevant information form can be found on the website of their energy supplier or on the government website available at the following link: https://biznes.gov.pl/pl/portal/004125.