• Prices for consumers must include all taxes.
• Energy Match quoted amounts in the price list, to which it later added VAT on invoices.
• As a result, consumers paid more for electricity than it was said in electricity power agreements, for which UOKiK imposed a fine on the company in the amount of PLN 103,000.

The President of the Office of Competition and Consumer Protection decided on Energy Match case. The decision concerns power purchase agreements concluded from March to November 2014, and in individual cases – to January 2015. Many of them are still in force. A price list was attached to such agreements, but it contained no information whether the rates included VAT. However, amounts quoted in power consumption forecasts and invoices were increased by 23% VAT.

We found out that Energy Match wrongfully collected higher fees than the price list said. According to the regulations, entrepreneurs are required to provide clients with a final price, namely the one that includes all taxes. Thus, in the case in question the price list rates, with no VAT, were effective. Each company must follow terms and conditions of an agreement, says Marek Niechciał, the President of UOKiK.

The company recognised a mistake in the price list but changed the agreement template only with regard to new clients. It did not ask its existing clients to sign annexes and continue to wrongfully add VAT on invoices.

UOKiK imposed a fine on Energy Match in the amount of PLN 103,000. The company must also send registered letters to all clients who signed power purchase agreements with an inadequate price list attached thereto. In them, Energy Match is to inform its clients about UOKiK decision and also notify them that they can pursue their claims (i.e. refund of overpayments) in court.

The UOKiK fine is not the only problem that Energy Match must deal with: the Energy Regulatory Office is conducting administrative proceedings against them in a matter of possible revocation of an electricity trading license.

The decision is not final, and Energy Match may appeal against it within one month of its receipt.

Consumer service:

Phone: 801 440 220 or 22 290 89 16 – consumer helpline

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Consumer’s spokesman – in your town or district

Additional information for the media:

The UOKiK Press Office

Pl. Powstańców Warszawy 1, 00-950 Warsaw

Phone: 695 902 088, 22 55 60 314

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