Keywords
consumer organizations, prohibited provisions, abusive clauses, register of prohibited clauses, model contracts, proceeding in the cases of recognition of the provisions of model contracts as prohibited clauses
Abstract
This article presents changes in Polish legislation on the participation of consumer organizations in proceedings on the recognition of provisions of model contracts as prohibited clauses. Unlike their past judicial character, the conduct of such proceedings is since 17 April 2016 within the competences of the Polish NCA – the UOKiK President. The Author presents powers granted to consumer organisation in connection to the (now administrative) proceedings, the purpose of which is to exercise abstract control over the provisions of model contracts. The article considers these powers in the time frame before the initiation of such proceedings, within their course and after their closure. The Author compares current powers of consumer organisations with those granted to them by earlier legislation within the old framework of judicial proceedings on the recognition of the provisions of model contracts as prohibited clauses. The paper assesses also how the legal situation of consumer organizations has changed over time in proceedings the purpose of which is to exercise abstract control over provisions of model contracts.
Recommended Citation
Korycińska-Rządca, P. (2016). The legal status and the role of consumer organizations in proceedings on the recognition of provisions found in model contracts as prohibited clauses. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 5(3), 18-28. https://doi.org/10.7172/2299-5749.IKAR.3.5.2
First Page
18
Last Page
28
Page Count
10
DOI
10.7172/2299-5749.IKAR.3.5.2
Publisher
University of Warsaw
