Ochrona konsumenta przed agresywnymi praktykami rynkowymi w świetle pytań prejudycjalnych SN w sprawie C-628/17 Orange Polska S.A.
Consumer protection against unfair commercial practices in the light of the request for a preliminary ruling from the Supreme Court (Poland) – case C-628/17 Orange Polska S.A.

Summary/Abstract: In September of 2017, the Polish Supreme Court requested a preliminary ruling from the CJEU on the interpretation of Article 8, in conjunction with Articles 9 and 2(j), of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (case number: C – 628/17 Orange Polska S.A.). In the context of the questions referred to the CJEU, this article aims to draw attention to the importance of the circumstances of a given case, which have impact on the decision of a national court deciding on the character of business-to-consumer commercial practices. The assessments focus on possible consequences of certain commercial practices in the case of distance contracts on telecommunication services, in particular concerning trader’s failure of pre-contractual information. Furthermore, the article shows how a detailed analysis of each set of case circumstances (concerning the type of contract, its subject and means of distance communication used) is indispensable for the national court to assess if a given commercial practise qualifies as aggressive in the meaning of Article 8 of Directive 2005/29/EC.

• Details
• Contents