Since 2 March 2009 rules on setting fines for infringements of collective consumer rights have been in force. Enterprises acting against the law will be able to check what sanction they may be facing

Pursuant to the Act on competition and consumer protection, the President of UOKiK has the power to fine enterprises for practices detrimental to consumers. The sanctions may reach up to 10% of an enterprise’s revenue gained in the year preceding the decision.

On 2 March 2009 Guidelines on setting fines for practices infringing collective consumer interests entered into force. They aim at improving the transparency of the methodology used to determine the penalties. The document will allow enterprises - professional participants of the market, to make a preliminary estimation of the fine which they may face for acting to the detriment of consumers.

Pursuant to the Guidelines, the fine will depend on the stage of contracting in which the breach occurred. Most severe fines will be imposed for unlawful activities taking place during the performance of the contract, while lesser fines will be set for infringements happening before and during the time when the contract is concluded.

The amount of fines for employing contract terms entered into the Register of Prohibited Clauses will depend on the level of their harmfulness for consumers, including the length of the period when the terms were used.

When determining the final fine the President of UOKiK may also take into account certain mitigating circumstances - e.g. the fact that a given practice was discontinued before legal proceedings were instituted, active cooperation with the President of UOKiK or paying voluntary compensation to persons aggrieved by the prohibited practices, as well as aggravating circumstances, such as intentional character of the conduct, repeated infringements and significant profits gained in a dishonest way.

Additional information:
Małgorzata Cieloch, Spokesperson for UOKiK
Pl. Powstańców Warszawy 1, 00-950 Warsaw, Poland
Tel. (+48 22) 827 28 92, 55 60 106, 55 60 430
faks (+48 22) 826 11 86
E-mail: mcieloch@uokik.gov.pl