In 2005, the Investigations Division of the District Prosecutor’s Office in Jelenia Góra opened proceedings against Grzegorz F., former president of Zakład Energetyki Cieplnej Sp. z o.o. in Bolesławiec, and two proxies of the company: Bronisław S. and Ewa M. All the charges concerned a tender held in 2001, which was intended to select the designer and contractor for an investment entitled "Construction of the K-6 district heating main from Orla Street to Garncarska Street in Bolesławiec." The former president was accused at the time of acting contrary to the principles of fair competition and in breach of the Public Procurement Act. Bronisław S. and Ewa M. were charged with disclosing a trade secret concerning the value of the contract and the payment date.
The District Court in Bolesławiec acquitted Bronisław S. and Ewa M. The prosecutor brought two charges against Grzegorz F. The court acquitted him of one but convicted him of the other. The former president had changed the remuneration for the construction of the heating network. The company that was to be the contractor had incorrectly calculated VAT in its bid—it should have charged 22% but charged 7% instead. Grzegorz F. calculated the correct amount for the bidder, which the prosecution considered to bear the hallmarks of a crime. According to an expert witness, ZEC should have announced a new tender at that time.
The former president of ZEC was sentenced to three months’ imprisonment, suspended for two years, and a fine of PLN 3,000. The judgment is not final. The prosecutor requested a written justification and will therefore probably file an appeal.
(GA information)