Keywords
unfair contract terms, register of unfair contract terms, consumers protection, extended effectiveness of the judgment by Competition and Consumer Protection Court, Directive 93/13
Abstract
In this case note we comment the Polish Supreme Court’s judgment issued on 12 February 2014 which deals with an issue of extended effect of judgments by District Court of Warsaw – Court for Competition and Consumer Protection (hereinafter: District Court). In these judgments contract terms used by entrepreneurs may be declared unfair and abusive. The Supreme Court supported the view, according to which a judgment declaring unfairness of a contract term – on the basis of which this term is entered into a register of unfair contract terms – does not bind entrepreneur who was not a party to proceedings in the District Court. The authors of this contribution disapprove of such approach. In this case note we provide arguments, deriving both from EU and Polish law, that support the necessity of adopting a wide approach towards interpretation of an issue of extended effect of judgments of the District Court.
Recommended Citation
Gutkowski, P., & Malaga, M. (2014). Extended effect of the Competition Court judgments concerning unfair consumer terms. Case comment to the Polish Supreme Court’s judgment of 12 February 2014, no. III SK 18/13. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 3(9), 108-120. Retrieved from https://press.wz.uw.edu.pl/ikar/vol3/iss9/8
First Page
108
Last Page
120
Page Count
12
Publisher
University of Warsaw
