Poland's prosecutor-general has asked the European Parliament to lift Obajtek's immunity and permit his detention.
Justice Minister and Prosecutor-General Waldemar Żurek said on Thursday he had submitted the request to European Parliament President Roberta Metsola, seeking permission to prosecute, detain and seek pre-trial detention for Obajtek, a lawmaker from the opposition Law and Justice (PiS) party.
Obajtek headed Orlen, Poland's state-controlled energy conglomerate, from 2018 to 2024.
Prosecutors allege he ordered the company to keep wholesale and retail fuel prices artificially low between October 1 and 15, 2023, immediately before Poland's parliamentary election, with pump prices capped at PLN 5.99 per liter.
Żurek said Obajtek acted for reasons unrelated to business considerations, disregarded company procedures and personally supervised the pricing policy despite mounting losses.
According to prosecutors, the decision cost Orlen more than PLN 4.1 billion (around EUR 940 million) and contributed to fuel shortages at more than 600 filling stations, many of which displayed notices claiming their pumps were out of order.
The alleged offense carries a prison sentence of five to 25 years.
Obajtek responded defiantly on X, saying that if authorities wanted to arrest him "because Poles filled their tanks for less than PLN 6," they could do so, provided that "Prime Minister Donald Tusk is sitting in the cell too."
He accused Tusk of hypocrisy, pointing to the prime minister's earlier election promise of fuel at PLN 5.19 per liter and his subsequent statements that state-owned companies should serve the public interest rather than concentrate on profits.
The investigation is being supervised by prosecutors in the central Polish city of Łódź.
Five current and former Orlen managers were detained and charged with mismanagement earlier this month in connection with the same pricing policy.
Prosecutors say they have sufficient evidence to suspect Obajtek of criminal wrongdoing. They also argue that pre-trial detention is justified by concerns that he could interfere with the investigation.
The European Parliament must approve the removal of Obajtek's immunity before prosecutors can bring charges against him.
The request will be considered by the parliament's Legal Affairs Committee before a vote by lawmakers.