The government is working on a reform which will introduce significant changes to the so-called “abstract” scrutiny of standard contractual provisions used in B2C relations. Currently, the scrutiny of contractual provisions is carried out by courts which review lawsuits filed by consumers against businesses using inadmissible contractual provisions.
According to the proposed changes, the “abstract” scrutiny of contractual provisions would be carried out by the head of the Polish consumer protection watchdog (UOKiK). The decisions of the head of the UOKiK declaring that a contractual clause is inadmissible in B2C relations would be published in a special register. This register would replace the current one which contains contractual clauses challenged in court proceedings. The proposed changes provide for the possibility of amicable settlements – in administrative proceedings a company could agree to remove from its contracts the contractual provisions challenged by the head of the UOKiK.
According to the proposed changes, the decision of the head of the UOKiK could be challenged in court proceedings. This would be similar to the existing procedure which allows other decisions issued by the head of the UOKiK to be challenged before the court (e.g. decisions imposing financial penalties).