Literatura prawnicza

Unfair Contract Terms Directive, Article 3 Unfair Contract Terms Directive, Article 4

Niedozwolone postanowienia w umowach konsumenckich: podstawa kontroli i jej granice w czasie.

The text addresses the problem of time limits for a factual basis that is to be considered in reviewing prohibited clauses in consumer contracts. It focuses on a question: whether the sole point of reference could be the facts that exist when a contract is concluded or is it also possible to consider the circumstances that arise afterwards. The article argues in favour of the first solution, basing itself on the views expressed by the Polish Supreme Court in its resolution of 20 June 2018 (III CZP 29/17), as well as by the Court of Justice of the EU in the judgement of 20 September 2017 (C-186/16), Andriciuc. It outlines a broader context for both decisions and deals with the question as to what extent and in what role the ensuing circumstances may be involved in the reviewing process of a clause.