Poland: Supreme Court's ground-breaking judgement and BSJP's success
The Supreme Court upheld the breakthrough judicial decisions issued by the Polish and EU courts, limiting the possibilities of the President of the Office of Competition and Consumer Protection to penalize entrepreneurs for infringement of collective consumer interests.
On 21 March 2019, the Supreme Court in Poland refused to accept the cassation appeal filed by the President of the Office for Competition and Consumer Protection against the final judgment of the Court of Appeal in Warsaw of 22 March 2017. In the challenged judgement, the Court of Appeal in Warsaw annulled the decision of the President of the Office for Competition and Consumer Protection from 2011.
The Supreme Court, according to BSJP's argumentation, upheld the breakthrough case-law of Polish and EU courts, restricting the ability of the President of the Office for Competition and Consumer Protection to penalize entrepreneurs for violating the collective interests of consumers by the mere fact of using contractual terms that are linguistically concurrent with contractual terms of other entrepreneurs, previously entered in the register of prohibited clauses.
In the course of this case, the insurance company represented by BSJP was released from the charge of infringing the collective interests of consumers and the obligation to pay a high fine of less than PLN 470,000 (ca. EUR 110,000). On behalf of BSJP, the case was run by partner Krzysztof Kowalczyk and Jan Maciejewski.
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