According to the court, including an information that a given statement is made in conformity with Directive 85/577/EEC, where in fact the given act does not provide for such a statement, is an unfair commercial practice.
The provisions of Directive 85/577/EEC cannot be directly relied on in such a relationship, as Directive 85/577/EEC has been implemented into the Polish legal system by respective provisions of the Act of 2 March 2000 on Protection of Certain Consumer Rights and on Liability for Damage Caused by a Dangerous Product. Consequently, the rights conferred by Directive 85/577/EEC cannot be excluded by way of making a statement such as the one submitted in the proceedings, what the Plaintiff allegedly tried to achieve.
Another argument raised by the Court was that demanding a statement from the consumer on the basis of Directive 85/577/EEC could have misled the average consumer that more means of legal protection are available to him and therefore induce him to conclude a loan agreement with the Plaintiff.
Such conduct was declared unlawful and along with other practices described in the case, held as infringing collective consumer interests.