Abstract

The article critically analyses the risk-based liability regime for illegal draw of fuel or energy laid down in Art. 57.1.1 of the Energy Act of 10 April 2007. This regulation allows a power-generating company to impose charges for illegal draw of fuel or energy on a consumer or any other person guilty of illegal fuel or energy draw without the need provide any evidence for the offence, the losses suffered and their amount. The author positively evaluates the regulation from the viewpoint of the analysis as an alternative to asserting compensation according to general rules. However, he criticizes the scope of exonerating circumstances, restricted in terms of content and application, which leads to excessively stringent liability under Art. 57.1.1 of the Energy Law.