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UOKiK before the Court of Competition and Consumer Protection after Gazprom’s appeal

Gazprom has appealed to the Polish Court of Competition and Consumer Protection on the decision of the Polish Office of Competition and Consumer Protection, which imposed a fine on companies constructing the Nord Stream 2 gas pipeline.

The company stressed that it “principally does not agree with the position of UOKiK”. He reiterated his opinion that in the event of an appeal against the decision of UOKiK “it shall not be enforced until the relevant court verdict becomes final”.

Gazprom announced the appeal in court at the beginning of October this year, when the Office of Competition and Consumer Protection announced that it was imposing a fine on the Russian company and its partners in the Nord Stream 2 project.

The Russian agency RIA Nowosti announced on November 2 that the Austrian company OMV, participating in the Nord Stream 2 project, intends to appeal to the court.

On October 6, UOKiK imposed fines on companies participating in the construction of Nord Stream 2, including PLN 29 billion – on Gazprom and over PLN 234 million on the other five companies constructing the pipeline. Pursuant to the decision of the office, the entities are obliged to terminate the contracts concluded for financing the gas pipeline.

This decision and the imposition of the maximum fine are related to the completed proceedings of the Office of Competition and Consumer Protection regarding the company responsible for the construction and operation of the Nord Stream 2 gas pipeline without the required consent of the President of UOKiK.

In the opinion of the office, the companies financing the gas pipeline acted deliberately, and therefore were punished with maximum financial sanctions, amounting to 10% in each case. annual turnover – Gazprom (PLN 29.08 billion), Engie Energy (PLN 55.5 million), Uniper (PLN 29.9 million), OMV (PLN 87.7 million), Shell (PLN 30.2 million) and Wintershall (PLN 30.8 million).

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