In the resolution of seven judges of 20 November 2015 (III CZP 17/15) the Supreme Court faced the question of the precise scope of erga omnes effect of in abstracto abusiveness of contract clauses. Under Art. 479⁴³ of the Code of Civil Procedure the judgment that declares abusiveness of a clause is “effective towards third persons”, from the day of listing this clause in the public register administered by the President of the Office of Protection of Competition and Consumers. Although the provisions in question have been repelled from the Polish legal system in April 2016 (and replaced with in abstracto administrative review of clauses), the resolution in question still have a profound significance for framing the underlying premises of abusiveness control in the EU, as well as the interplay between consumer protection and fundamental rights sphere.

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In the resolution of seven judges of 20 November 2015 (III CZP 17/15) the Supreme Court faced the question of the precise scope of erga omnes effect of in abstracto abusiveness of contract clauses. Under Art. 479⁴³ of the Code of Civil Procedure the judgment declaring (abstract) abusiveness of a clause is “effective towards third persons”, from the day of listing this clause in the public register administered by the President of the Office of Protection of Competition and Consumers. Although the provisions in question have been repelled from the Polish legal system in April 2016 (and replaced with in abstracto administrative review of clauses), the resolution in question still have a profound significance for framing the underlying premises of abusiveness control in the EU, as well as the interplay between consumer protection and fundamental rights sphere.

Read more