On 5 August 2015, Parliament adopted legislation
amending the competition and consumer protection
act and some other acts. The new legislation
implements Council Directive 93/13/EEC of 5 April
1993 on unfair terms in consumer contracts and
Directive 2009/22/EC of the European Parliament
and of the Council of 23 April 2009 on injunctions
for the protection of consumers’ interests.
The amendment act introduced several solutions
that have not been part of the Polish legal regime
before. It will be prohibited to solicit consumers to
purchase financial services that do not correspond
to consumers’ needs and it will be illegal to offer
such services for purchase in a manner that is not in
line with their nature. Business operators will have
to consider whether a specific service corresponds
to the needs of consumers.
Another novelty is that the President of the Office
of Competition and Consumer Protection (UOKiK)
will now be able to issue so-called interim
measures. If during proceedings on practices
infringing the collective interests of consumers it is
proven reasonably likely that the further existence
of alleged practices may lead to serious risks for
the collective interests of consumers, prior to the
conclusion of the proceedings on practices
infringing collective interests of consumers, the
President of the UOKiK may, by way of a decision,
require the business operator concerned to cease
specific activities. An appeal being filed by the business operator does not suspend the
enforcement of that decision. Such measures will
remain in effect only until the decision concluding
the proceedings is issued. Interestingly, before the
interim measure is issued, the party concerned will
not be entitled to express its opinion on the
presented evidence and materials and the demands
made.
The Act also introduces the institution of the so-
called mystery customer. In order to obtain
information that might be evidence in the matter of
practices
infringing
collective interests of
consumers, the inspection authority will have the
right to take actions with the intention of
purchasing a specific good. Such checks must be
authorised by the competition and consumer
protection tribunal, at the request of the President
of the UOKiK. The purpose of this instrument is to
allow checks on information provided to consumers
by the business operator at a pre-contract stage.
The concept of the mystery shopper will be
applicable to any practices that may infringe the
collective interests of consumers.
The President of the UOKiK has also been given the
option to publish, free of charge, on public radio
and television, in a format and at times to be
agreed with the relevant public radio and TV
broadcaster: (i) communications about conduct and
developments that may pose significant risks to the
interests of consumers, and (ii) any information
covered by the ruling referred to in Art. 73(a)(2) of
the Act.
The amendment act will enter into force 6 months
from its announcement.
MILLER, CANFIELD,
W. BABICKI, A. CHEŁCHOWSKI I WSPÓLNICY SP.K.
ul. Batorego 28-32
81-366 Gdynia
Tel. +48 58 782-0050
Fax +48 58 782-0060
gdynia@pl.millercanfield.com
ul. Nowogrodzka 11
00-513 Warszawa
Tel. +48 22 447-4300
Fax +48 22 447-4301
warszawa@pl.millercanfield.com
ul. Skarbowców 23a
53-125 Wrocław
Tel. +48 71 780-3100
Fax +48 71 780-3101
wroclaw@pl.millercanfield.com
Disclaimer: This publication has been prepared for clients and professional associates of Miller Canfield. It is intended to provide only a summary of
certain recent legal developments of selected areas of law. For this reason the information contained in this publication should not form the basis of
any decision as to a particular course of action; nor should it be relied on as legal advice or regarded as a substitute for detailed advice in individual
cases. The services of a competent professional adviser should be obtained in each instance so that the applicability of the relevant legislation or other
legal development to the particular facts can be verified.