Prosecutors seek to lift Daniel Obajtek's immunity and approve his detention over fuel prices

Request to lift immunity

On Thursday, 15 October 2026, Prosecutor General Waldemar Żurek sent European Parliament President Roberta Metsola a request to lift the immunity of Daniel Obajtek, a PiS member of the European Parliament and former president of Orlen. The motion also asks for consent to detain Obajtek, bring him in by force and place him in temporary custody. Prosecutors say the evidence gathered is enough to justify suspicion that he committed a crime, and Parliament's consent must be obtained before he can be formally charged. Żurek described the step in these words:

I have sent to the EP a motion to lift the immunity and detain Daniel Obajtek.

What prosecutors allege

The case is handled by the Łódź branch of the National Prosecutor's Office. Prosecutors say that while he led Orlen, Obajtek directed subordinates to cut wholesale and retail prices so that a litre of fuel at the company's stations would cost no more than 5.99 zł between 1 and 15 October 2023. According to the investigators, the motives were not economic, and the pricing policy broke both formal and informal procedures binding on Orlen's management. The alleged offence is abuse of powers and failure to perform managerial duties, which prosecutors say caused Orlen damage of more than 4.1 billion zł. The offence carries a penalty of 5 to 25 years in prison. Żurek said a side effect of the price cut was that more than 600 stations ran out of fuel and displayed notices about broken pumps, adding:

We are talking about the crime of mismanagement on a large scale, which carries up to 25 years in prison.

Charges against five managers

In early October 2026, five former and current Orlen managers were charged over the alleged price policy. Internal Security Agency officers detained them on 6 October 2026 on the orders of the Łódź prosecutor. A court placed four of them in temporary arrest, with the option of release after posting a property bail. Prosecutors justify the request to detain Obajtek by the risk that he could obstruct the proceedings and the prospect of a severe sentence, but only a court can decide whether temporary arrest is imposed. As explained, the justification has been classified because it contains sensitive information about Orlen's operations, its strategic and economic interests and the current geopolitical context and hybrid threats. Orlen was named in a regulation of 16 June 2026 as a company of significant importance to the state economy.

1. 1 to 15 October 2023Period in which prosecutors say Orlen's retail fuel price was to be capped at 5.99 zł per litre
2. Oct 6, 2026Internal Security Agency officers detain five former and current Orlen managers on prosecutor's orders
3. Oct 15, 2026Prosecutor General sends the request to lift Daniel Obajtek's immunity to the European Parliament

Obajtek's response

Obajtek replied on the platform X, saying that if prosecutors want to detain him for the fact that Poles filled up below 6 zł, they may do so. He added a condition that Prime Minister Donald Tusk be held in the same cell, and he argued that Tusk had promised fuel at 5.19 zł and had said as prime minister that state-owned companies should not make profits but look after the wellbeing of Poles. Obajtek's response was published the same day as the request. Parliament's consent is still required before any charge can be brought, and any decision on temporary arrest rests with a court.