The President signed two key energy amendments during the past week. The Commercial Companies Code amendment, referred to the President on 12 October 2026, remains in the legislative process. In the EU, Parliament and Council agreed changes to the ETS market stability reserve, while the President of UOKiK required Apple to change its practices towards app developers. The main developments, including new maximum notarial fees, are set out below.
Amendments to the Energy Law and the Renewable Energy Sources Act signed and published
The President signed two amendments on 15 October 2026; both were published in the Journal of Laws on 16 October 2026:
- The Act of 18 September 2026 amending the Energy Law and certain other acts (Journal of Laws 2026, item 1348). It generally entered into force on 17 October 2026. Provisions subject to a fourteen-day vacatio legis, including the specified reporting obligations, enter into force on 31 October 2026. The amendment covers data reporting to operators, including obligations relating to energy storage facilities exceeding 50 kW. It also introduces transitional arrangements for operators implementing CSIRE, extending to 19 April 2028, and settlement rules for system unavailability.
- The Act of 4 September 2026 amending the Renewable Energy Sources Act and certain other acts (Journal of Laws 2026, item 1347). Its general commencement date is 1 December 2026, with numerous exceptions: some provisions apply from 17 or 19 October 2026, others from 17 January 2027, specified biomethane auction provisions from 17 February 2027, and a further group from 17 October 2027. The amendment introduces, among other measures, auction-based support for biomethane installations exceeding 1 MW, rules for direct biogas and biomethane pipelines, and measures for prosumers and energy cooperatives.
Commercial Companies Code amendment referred to the President
On 12 October 2026, the Act amending the Commercial Companies Code and the Act amending the Commercial Companies Code and certain other acts (Sejm bill no. 2737) was referred to the President. It would replace the requirement for written form with documentary form for proxies to attend and vote at meetings of shareholders of limited liability companies, and for consent to electronic meeting notices.
In practice, an email or scanned document may suffice if it allows the person making the statement to be identified. The changes also cover simple joint-stock companies, with companies able to restrict or exclude specified arrangements in their articles. Key provisions would take effect 30 days after publication.
Agreement on the ETS market stability reserve
On 20 October 2026, the European Parliament and the Council reached a provisional political agreement on the market stability reserve (MSR) under the EU Emissions Trading System (EU ETS). The threshold above which allowances held in the reserve are invalidated would rise from 400 million to 700 million.
The change is intended to improve market stability and predictability and resilience to excessive price volatility. The agreement still requires endorsement and formal adoption by both institutions; the new threshold is therefore not yet in force. A broader ETS review is underway, including consideration of a gradual reduction in the invalidation threshold.
Apple and other UOKiK decisions
Apple: changes to App Tracking Transparency
On 20 October 2026, UOKiK announced commitment decision DOK-7/2026 of 19 October 2026, concluding its investigation into App Tracking Transparency (ATT) on iOS and iPadOS. Apple will change consent notices for the use of user data in its own and third-party apps. The notices are to be neutral in appearance, layout and wording, including removal of the word “tracking”.
An independent Liaison Officer will receive submissions from Polish app developers, while a Monitoring Trustee will assess complaints about implementation of the commitments. Apple must implement them within two months of the decision becoming final, with annual reporting obligations also imposed. The investigation involved cooperation with the European Commission. Authorities in France, Italy and Germany had previously examined ATT.
iGenius: penalties for promoting a pyramid scheme
On 21 October 2026, UOKiK announced six decisions (RGD-10/2026–RGD-15/2026) concerning promoters of the iGenius programme from the GameChangers Polska group. Total penalties were PLN 413,000. According to the authority, investment training was used to promote a scheme in which rewards depended on recruiting further participants.
The decisions are not final. Those penalised must publish statements about the decisions on their websites and social media. An earlier penalty against iGenius exceeded PLN 14.6 million; court proceedings remain pending. The company has changed its name to Conectiv LLC.
Aasa Polska: costly service packages linked to loans
On 19 October 2026, UOKiK announced a PLN 3,871,000 penalty against Aasa Polska under decision RWR-6/2026 of 16 October 2026. The company made lending or lending terms conditional on purchasing costly additional services, including medical subscriptions and language courses, with the cost automatically financed.
In UOKiK’s assessment, this exceeded statutory caps on non-interest costs and understated the disclosed APR. The decision is not final. The penalty is payable to the Financial Education Fund. Once the decision becomes final, the company must publish a statement about it for three months.
Supreme Administrative Court on recusal of judges appointed on the recommendation of the National Council of the Judiciary formed under the 2017 legislation
In its order of 12 October 2026 (III FSK 135/26), the Supreme Administrative Court dismissed a judge’s request to be recused from hearing an application to reopen proceedings alleging an improperly constituted court, involving a judge appointed on the recommendation of the National Council of the Judiciary formed under the 2017 legislation.
The Court stated that the CJEU judgment of 16 July 2026 in joined cases C‑96/24, C‑103/24 and C‑112/24 does not justify automatic recusal. An individual assessment is required, referring to the three-stage test in the ECtHR’s Ástráðsson v Iceland judgment and domestic judicial independence review mechanisms under Article 5a of the Law on the Organisation of Administrative Courts.
Higher maximum notarial fees from 5 November 2026
On 21 October 2026, the Regulation of the Minister of Justice of 13 October 2026 amending the regulation on maximum notarial fees was published in the Journal of Laws (2026, item 1370). It changes numerous fees under the 2004 regulation. The new rates enter into force fourteen days after publication, on 5 November 2026.
The notarial tariff sets the upper limit of a notary’s remuneration. Fees are agreed with the parties, so the actual cost of an act may be lower than the statutory maximum.
Key changes
- Acts with a value exceeding PLN 5 million: PLN 14,270 plus 0.15% of the amount exceeding PLN 5 million, capped at PLN 25,000. Previously, a PLN 10,000 cap applied above PLN 2 million. For acts between persons in tax group I, the new cap is PLN 15,000 (previously PLN 7,500).
- Wills: PLN 200 (previously PLN 50); a will containing an ordinary legacy, an instruction or deprivation of a forced heirship entitlement: PLN 300 (previously PLN 150); a will containing a vindicatory legacy: PLN 400 (previously PLN 200); revocation of a will: PLN 50 (previously PLN 30).
- Powers of attorney: PLN 100 for a single act (previously PLN 30), or PLN 200 where more than one act is authorised (previously PLN 100).
- Succession matters: deed of succession certification: PLN 200 (previously PLN 50); succession protocol: PLN 200 (previously PLN 100); European Certificate of Succession: PLN 600 (previously PLN 400); opening and announcement of a will: PLN 100 (previously PLN 50); declaration accepting or rejecting an inheritance: PLN 100 (previously PLN 50).
- Meeting minutes: shareholders’ meeting of a limited liability company: PLN 900; general meeting of a joint-stock company: PLN 1,300; meeting of a residential owners’ association: PLN 500.
- New fee: filing an application for an entry in the land and mortgage register: PLN 300.
- Copies, extracts and certifications: PLN 12 per page for pages 1–10, PLN 10 for pages 11–20 and PLN 8 from page 21 (previously PLN 6 per page); certification of a signature on a power of attorney or other document: PLN 60 (previously PLN 20).
- Other acts: acts not otherwise listed: PLN 400 (previously PLN 200). For acts performed away from the notary’s office, an additional hourly charge of up to PLN 100 during daytime or PLN 200 at night and on non-working days applies (previously PLN 50/100).
This material is for information purposes and does not constitute legal advice.
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