Article Title
Informing about the lowest price within 30 days prior to a price reduction in the practice of the Polish banking sector
Abstract
The article analyses the implementation of the information duty regarding the lowest price charged within 30 days before a price reduction, arising from Article 4(2) of the Act on Price Information Goods and Services, in the context of the banking sector. The implementation of the so-called Omnibus Directive into the Polish legal system, aimed at preventing consumer deception, has raised doubts about its application to financial institutions. The purpose of the research was to determine whether, and to what extent, banks are obliged to fulfil this information duty in relation to the products and services they offer. The article employs the dogmatic-legal method, including linguistic, systemic, and teleological interpretation of the provisions, supplemented by an extended analysis of the practice of the banking sector in Poland between 2023 and 2025. A detailed review was conducted of promotional terms and conditions for consumer credits, mortgage credits, and payment accounts. The results of the analysis showed that the information obligations arising from sector-specific laws (the Banking Law, the Consumer Credit Act, the Mortgage Credit Act, the Payment Services Act) constitute lex specialis in relation to the aforementioned Act on Prices. Consequently, banks are not required to apply Article 4(2) of this Act to their banking activities. Nevertheless, in cases of promotions concerning goods or services outside the scope of banking activities, this obligation may apply.
