First “standpoint material to a case” submitted by the President of the Office of Competition and Consumer Protection – new instruments of Polish competition law in practice

Following a recent amendment to the Polish Act of 16 February 2007 on Competition and Consumer Protection (text: ISAP) the President of the Office of Competition and Consumer Protection (UOKiK) has been given new powers with a view to reinforcing the UOKiK President’s statutory prerogatives.

Under art. 31d of that act, “The President of the Office may present a court with a standpoint which is material to a case, in cases concerning competition and consumer protection, if the President of the Office believes this to be in the public interest”. This legislation is aimed at ensuring that UOKiK shares its knowledge with common courts.

On a specially designated subpage of UOKiK’s website (see the page “Istotny pogląd w sprawie”) the first standpoint submitted by the President of UOKiK, bearing today’s date, has now been published. The standpoint relates to legal issues which arise in particular legal proceedings. The case relates to a lawsuit brought by the Municipal Consumer Ombudsman, acting for a large group of consumers against a bank (which is now mBank S.A.) concerning contractual terms in mortgage loan agreements indexed in a foreign currency (CHF).

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