A court in Poland has ordered conditional detention for a former vice-president of the state-controlled energy group Orlen and three other current and former directors, in connection with an investigation into fuel pricing during the autumn of 2023, Money.pl reports. The four suspects can leave custody only after paying financial guarantees set by the court. Prosecutors have appealed the ruling, meaning the men remain in detention for now.
Why it matters
The case touches the heart of Poland's largest company and one of the most politically charged episodes in its recent history. Orlen has said the pricing decisions under scrutiny cost it 3.5 billion zloty and breached market rules, according to Money.pl. The investigation is one of two strands of criminal scrutiny that have shadowed the company since the previous government left office, and it now reaches a former member of its top management.
What the court decided
The court applied temporary detention to four people suspected in the fuel-pricing probe, Money.pl reports. Among them is Michal R., a former vice-president of the company, along with three former and current directors.
The detention is conditional. Under the terms set by the court, the suspects can regain their freedom once they pay financial guarantees. For Michal R. the amount is 1 million zloty. Filip W., a former executive director, is required to pay 800,000 zloty, while the two remaining directors must each pay 500,000 zloty, according to Money.pl.
Radio Zet reported that the suspects will stay in custody for the time being regardless, because prosecutors opposed the court's decision and filed an appeal. Until a second-instance court rules on that appeal, the men cannot leave detention.
The pricing investigation
The inquiry into suspected underpricing of fuel by Orlen was opened on 17 January 2024 by the District Prosecutor's Office in Plock, the city where the company is headquartered and where its main production plant is located, according to Money.pl. The proceedings cover the period from 1 August to 31 October 2023.
In May 2024 the case was taken over by the National Prosecutor's Office in Lodz. Money.pl reports that the transfer was justified by the weight of both proceedings and the extensive evidence gathered during them.
Investigators set out to establish whether people managing Orlen, by abusing their powers or failing to fulfil their duties, may have pushed liquid fuel prices below market levels without justification. According to Money.pl, the effect could have been a direct risk of large-scale financial harm to the company. At that stage the size of the alleged damage had not yet been determined.
Orlen itself has claimed that the decisions led to losses of 3.5 billion zloty and to a breach of market principles, Money.pl reports.
Searches and evidence
As part of the fuel-pricing investigation and a separate probe into Orlen's merger with Lotos, searches were carried out in March 2024 at the group's offices in Plock, Warsaw and Gdansk. The Internal Security Agency took part in the operation, according to Money.pl. Authorities secured a total of 73 GB of electronic documents and 2 TB of email correspondence.
What to watch
The immediate question is whether the second-instance court upholds the conditional detention or sides with prosecutors who want the suspects held. Their release depends on that ruling and on payment of the guarantees set by the court.
