In its judgment of 21 December 2016, C-119/15 (Biuro Podróży Partner), the Court of Justice of the EU addressed the question of whether a judgment declaring, in abstracto, a contract clause to be abusive can be effective against every business party who uses the same clause. The judgment comes after a resolution of the Supreme Court of Poland of 20 November 2015 (III CZP 17/15), dealing with almost the same issue of the ratione personae scope of a judicial declaration of abusiveness. Both judgments remain formally independent, but are obviously closely interconnected from the perspective of domestic law. The CJEU’s decision concludes a long dispute over the consequences of declaring a contract clause abusive in abstracto – which was reported on previously on “Polish Private Law”:
