Maximum energy prices for SME

Yesterday afternoon, the act on extraordinary measures intended to limit the prices of electricity and support certain recipients in 2023 was published in the Journal of Laws.

Maximum energy prices are the major preferential treatment for entrepreneurs. They will apply, without limitation, to the sector of SME – for those enterprises the energy prices cannot be higher than PLN 785/MWh (excl. VAT and the excise tax) with regard to consumption from 1 December 2022 until 31 December 2023. If micro-, small or medium-sized entrepreneurs consume at least 10% less energy in 2023 than the average annual consumption for 2018-2022, they will be eligible to an additional discount in 2024 of 10% of the energy costs paid in 2023.

According to the provisions of the act, the preferential prices can be used by micro-, small and medium-size entrepreneurs within the meaning of the Entrepreneurs Law, i.e. disregarding links with other entities of the capital group. This solution raises many doubts as to its compliance with the EU law, however, in the light of the new regulations, the maximum energy prices can apply also to a smaller company being a member of an international corporation. The Ministry of Climate and Environment responsible for preparation of the act has not voiced any opinion in this respect. We regularly monitor the planned solutions for any changes and adaptation to the EU laws which permit price intervention.

Regardless of the foregoing, to benefit from the maximum energy prices it is necessary to file a statement of an eligible recipient status (i.e. a micro-, small or medium-sized enterprise) by 30 November 2022. The statement can be filed in hard copy or electronically.

The wording of the act is available here:

If you are interested in more in-depth information regarding the possibility to use the above solutions, you are welcome to contact us.


Piotr Krupa Partner, Katowice

T: +48 32 731 68 52
M: +48 502 109 333

Marcin Matyka Managing Partner, Warsaw

T: +48 22 690 08 60
M: +48 669 768 444

Paweł Grzembka Senior associate, Katowice

T: +48 32 731 68 50