Annulment of the decision of the Chairman of UOKiK [Polish Office for Competition and Consumer Protection]

Dodano: May 2017

The firm successfully represented its Client - a developer - in the appeal proceedings against the decision of the Chairman of OCCP, imposing a financial penalty for alleged practices infringing collective consumer interest. Court of Appeal in Warsaw agreed with our reasoning and annulled the contested decision entirely. The decision is legally binding. We succeeded in convincing the court that only re-application of clauses entered into the register of prohibited clauses by the entrepreneur who, in spite of a valid court decision, according to which prohibited clauses applied by it were entered into the register, continues to apply them in its agreements with consumers, may be considered a practice infringing collective interest of consumers. Our reasoning was based on the assumption that the extended validity of the verdict considering one of the agreement provisions illegal, and the entry in the register of prohibited clauses resulting therefrom, do not bind the court in cases concerning other entrepreneurs, as it was the case in those proceedings. The case was defended by Att. Magdalena Wojnarowska who provides legal services to developers, among others.

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Zdjęcia: Krzysztof Sordyl, Lubomir Nikolov
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