The paper presents the idea of a prosumer energy cloud as a new service dedicated to electricity prosumers. The implementation of the cloud should generate a number of benefits in the following areas: settlements between prosumer and electricity supplier, the development of distributed energy sources in microprocessors and the development of e-mobility. From the prosumer point of view, the proposed idea of a prosumer cloud of energy is dedicated to the virtual storage of energy excess generated in the micro-installation. Physical energy storage in the cloud means recording the volume of electricity introduced into the electricity system from the prosumer’s microprocessors. It is assumed that the energy equivalent to the volume registered in the prosumer cloud can be used at any time at any point in the network infrastructure of the National Power System. Any point of network infrastructure shall be understood as any locally located point of connection of an electricity consumer provided with access authorization. From the point of view of the power grid operators, the idea of a prosumer energy cloud is a conceptual proposition of a service dedicated to the new model of the power system functioning, taking future conditions concerning the significant development of prosumer energy and e-mobility into account. In this concept, electricity would be treated as a commodity only to partial physical storage and above all to trade. In this model a key aspect would be virtual energy storage, that is, the commercial provision by the cloud operator (trading company) of any use of the electricity portfolio by its suppliers. It should be stressed, however, that in the prosumer’s energy cloud functioning, a significant factor would be the cost of guarantees of the use of energy by prosumers at any time and point of connection to the network. This results in the need of taking the presence of certain market risks, both volumetric and cost incurred by clouds operator, which can be minimized by passing a portion of the accumulated volume of generated energy to the cloud operator into account. It should be emphasized that this article presents the first phase of the development of the concept of prosumer energy cloud. However, it is planned to be expanded by the following stages, which include the possibility of controlling and supervising the operation of prosumer installations such as: sources, receivers and physical energy stores, e.g. home energy storage or batteries installed in electric vehicles. Ultimately, it is assumed that the proposed prosumer energy cloud will be outside of the storage of energy (virtual and partly physical) and that aggregation of prosumer resources will create new possibilities for their use to provide a variety of regulatory services, including system ones.
The “plain and intelligible language” requirement performs a dual function within the framework of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. First, it is listed as a requirement for application of the exemption included in Art. 4(2) as regards policing terms relating to the main subject matter of the contract or to the adequacy of the price and remuneration. Second, the “plain and intelligible language” requirement is a general requirement addressed at all consumer contracts executed in writing (Art. 5). This paper examines the boundaries of the precept, and places particular emphasis on the recent developments in both EU and Polish law, where the requirement has been used to imply a host of information duties aimed at enhancing consumers’ capacity to foresee the consequences of the terms that they are assenting to. This apparently novel approach, which has been developing in piecemeal fashion in the CJEU’s ever-expanding case law, may trigger significant consequences in the field of consumer contract law. In some ways, expansion of the substantive scope of the requirement may be said to be motivated by the fact that courts, under Art. 4(2) of Directive 93/13, are unable to subject the adequacy of the price and remuneration against the services or supply of goods received in exchange to the substantive fairness test under Art. 3(1) (examination of terms through the prism of the notions of good faith and significant imbalance in the parties’ rights and obligations to the detriment of the consumer).