Orzecznictwo

  • Dane sprawy
    • Identyfikator krajowy: I ACa 648/15
    • Państwo członkowskie: Polska
    • Nazwa zwyczajowa:N/A
    • Rodzaj decyzji: Inne
    • Data decyzji: 22/01/2016
    • Sąd: Sąd Apelacyjny w Katowicach
    • Temat:
    • Powód/powódka: M.F.
    • Pozwany/Pozwana: (...) sp. z o.o. with its registered office in W.
    • Słowa kluczowe: average consumer, B2C, terms and conditions, unfair commercial practices
  • Artykuły dyrektywy
    Unfair Commercial Practices Directive, Chapter 1, Article 1
  • Uwaga główna
    The assessment of whether certain behaviour constitutes an unfair commercial practice is made from the perspective of a typical consumer who has been properly informed and has made a conscious decision.
  • Fakty
    M.F. filed a lawsuit against (...) sp. z o.o. with its registered office in W. The plaintiff claimed that the defendant used unfair commercial practices.

    The plaintiff explained that he concluded a contract with the defendant for the provision of a language course . The contract was concluded on terms that the defendant presented as being financially beneficial for the plaintiff.

    However, the period of language learning during the course was longer, than plaintiff expected. The defendant assured the plaintiff that he could terminate the contract at any time - which, in fact, was what he did.

    Upon the termination of the contract, the defendant did not fully reimburse the plaintiff for the part of the course he had not attended. The defendant reimbursed the plaintiff with a smaller amount of money. As a result, the plaintiff accused the defendant of unfair commercial practice.

    In the lawsuit, the plaintiff requested i.e.: an official apology from the defendant The District Court in Katowice rejected the plaintiff's claim and the plaintiff subsequently appealed to the Court of Appeal in Katowice.
  • Zagadnienie prawne
    What is the perspective from which an assessment of unfair commercial practice should be made?
  • Decyzja

    The Court of Appeal (hereinafter referred to as the "court") assessed the plaintiff's appeal in the context of the Act on Combating Unfair Commercial Practices of 23 August 2007. The Court pointed out that this Act implements Directive 2005/29/EC into Polish law. The court also emphasized the role of the Directive in harmonizing consumer protection in the European Union.

    The court noted that the defendant offered language courses covering several levels - four levels (13 months) and six levels (20 months). The plaintiff was aware that he would not be able to finish the course covering six levels and before concluding the contract he requested the possibility to terminate the contract earlier. The defendant assured the plaintiff that he could terminate the contract at any time and obtain partial reimbursement of the money he had paid. This solution was financially beneficial for the plaintiff.

    However, the price in the contract was construed in such a way that only the first three levels were payable, while the next three months were free of charge. In consequence, the plaintiff's resignation after the "payable months" does not give him the right to reimbursement because the months that he resigned from were free of charge.

    The court noted that this type of practice is unacceptable . The Court emphasized that the plaintiff paid for the course in advance and was aware that he paid for the whole course, not only for the "payable" part.

    The construction of the price and the method of calculation adopted by the defendant resulted in a substantial disproportion between the part of course used by the plaintiff and the part of the price retained by the defendant. In the court's opinion, this type of practice is unfair.

    The court emphasized that the assessment of whether certain behaviour constitutes an unfair commercial practice is made from the point of view of a typical consumer who has been properly informed and has made a conscious decision

    URL: http://orzeczenia.katowice.sa.gov.pl/content/$N/151500000000503_I_ACa_000648_2015_Uz_2016-01-22_002

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  • Wynik
    The Court partially accepted the plaintiff's claim.