Cassation appeal dismissed; cessation of practice requires invalid contract clauses to cease binding consumers.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by RWE Polska SA against the President of the Competition and Consumer Protection Office. The Office had declared RWE's use of specific contract clauses in general terms as a practice violating collective consumer interests. The Court ruled that cessation of such a practice is only possible when the invalid contract clauses cease to bind consumers, which had not occurred. Consequently, the Court found the Office's decision to order cessation without this prerequisite to be legally unfounded.
Legislator headnote
AI generatedArt. 23e ust. 1 ustawy o ochronie konkurencji i konsumentów; Art. 23a ustawy o ochronie konkurencji i konsumentów: Cessation of a practice violating collective consumer interests requires the enterprise to comply with the provisions on which the illegality was based, meaning invalid contract clauses must cease to bind consumers.