Legal Literature

  • Legal Literature Details
    • Member State: Poland
    • Title: Consequences of Recognising a Standard Contract Provision as Prohibited and of Entering It to the Register with Regard to Counteracting the Practices that Infringe Collective Consumer Interests (art. 24 s. 2 p. 1 of the Act on Competition and Consumer Protection) in the Light of the Decisions of the Court for the Protection of Competition and Consumers
    • Subtitle:
    • Type: article
    • URL:
    • Author: TRZASKOWSKI, R.
    • Reference: Prawo w działaniu, 2014, nr 20. s. 123-205.
    • Publication Year: 2014
    • Keywords: injunction, legal actions
    • PDF:
  • Directive Articles
    Injunctions Directive, Article 2, 1.
  • Headnote
    The article touches upon the interaction between the abstract control of contract terms and rules regarding the prohibition of practices infringing collective consumer interests and the problem of whether a judgement declaring a contract term unfair binds the parties who were not part to the proceedings.
    The author also discusses whether Polish rules on the infringement of collective consumer interests are in line with the requirements prescribed by Directive 2009/22/EC. Aspects such as publication obligations, additional remedies like the obligation to inform consumers that a given clause was declared unfair or cessation orders are discussed in depth.
    Furthermore, procedural aspects of those decisions, such as which entity is to be entrusted with the task of conducting the abstract control of contract terms, are discussed in the article.
  • General Note
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