Case law

  • Case Details
    • National ID: VI ACa 414/2007
    • Member State: Poland
    • Common Name:Plaintiff T. Polska Sp. z o.o, v. President of the Office of Competition and Consumer Protection
    • Decision type: Other
    • Decision date: 02/04/2009
    • Court: Sąd Apelacyjny (Appellate court, Warszawie)
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords:
  • Directive Articles
    Injunctions Directive, Article 2, 1. Injunctions Directive, Article 2, 2.
  • Headnote
    There is no statutory obligation to inform consumers about all legal consequences of the consumer sale contract, hence, the failure to provide complete information does not affect the collective interests of consumers (Art 24 Act of 16 February 2007 on competition and consumer protection).
  • Facts
    The supermarket T. Polska Sp. z o.o. informed consumer by means of information boards placed on the Customer Service Point that some categories of products “are not recoverable”. The President of the Office of Competition and Consumer Protection (further: OCCP) issued a decision declaring consumer information provided by supermarket T. Polska Sp. z o.o. infringing the collective consumer interests
    The President of OCCP prohibited indicated information practices, as violating the provisions of the Act of 27 July 2002 on special conditions of consumer sale and amendments to the Civil Code (Dz.U. 2002. 141.1176 with amend; further: CSA) and Art 24 of 15 December 2000 on the protection of competition and consumers (Dz.U. 2007.50.331 with amend; further: CCP). He assumed, that the information about the exclusion of the right to return of goods does not indicate that refers exclusively to goods being in conformity with a contract. It might mislead consumer and give an impression that certain categories of goods are non-recoverable even if they are defective.
    The plaintiff T. Polska Sp. z o.o. requested a change of the contested decision of the President of OCCP and issuing a statement that the practices of T. Polska Sp. z o.o. do not affect the collective interests of consumers.
    The Court of the First Instance explained that according to Art. 24 CCP the practice infringing collective interests of consumers is, inter alia, breach of the duty of true and full information. According to Art. 3.1of the Act on Consumer Sale the consumer shall receive a clear, understandable and not misleading information sufficient for the proper and full use of the goods. The information that some goods are “not recoverable” is misleading in view of the provisions of non-conformity of consumer goods with a contract, which allow a consumer to require a replacement of goods.
    The plaintiff lodged an appeal. The Court of Appeal considered reasoning of the appeal partially justified.
  • Legal issue
    The Court of Appeal pointed out that in order to be considered of breaching of collective interests of consumer it is necessary to prove the breach of such interests and an unlawful acting of the plaintiff. The scope of information, which the seller must provide to the buyer, who is the consumer determine provisions of Art 3.1. CSA. Pursuant to CSA the consumer shall receive clear, understandable and not misleading information, sufficient for the proper and full use of consumer goods. In particular the information should include: name of goods, identification of the manufacturer or importer, the mark of conformity required by other regulations, information on trading authorization, energy consumption if required and other data specified in separate regulations. Listed characteristics refer directly to the product not to the consumer rights. Undoubtedly, there is no statutory obligation to inform consumers about all the legal consequences of the sale contract.
    Nevertheless, the information on the boards was the exclusion of withdrawal of some specific goods, because of hygienic reasons (underwear) or copyright protection to certain categories of goods (computer games, CDs, DVDs, etc.). Nearby the information tables were tables informing of a mode of reporting defective goods.
    The probability of misleading results of consumer information published on the boards placed in a Customer Service Point should be assess based on a model of educated, cautious, critical and aware of his right consumer.
    According to the Court of Appeal in the present case has not been demonstrated that plaintiff made practices infringing collective consumer interest by giving incomplete and misleading information to the consumer.
  • Decision

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