The provisions set out in the regulations on providing services of Cyfrowy Polsat covered: the right to change the number of TV or radio channels, the possibility to stop broadcasting some of them without the prospect to terminate the agreement. The President of UOKiK stated that such practices violate collective consumer interests and imposed a fine on the company.

The proceedings against Cyfrowy Polsat were initiated in August 2009. The Office was concerned about the content of the regulations on providing services.

After carrying out the proceedings, UOKiK questioned one of the conditions of the regulations, which states that: in case of events beyond control of Cyfrowy Polsat, which are recognised as force majeure, especially events of legal, technical or economic nature Cyfrowy Polsat reserves the right to introduce changes within the scope of the number and types of TV and radio channels. According to the operator, it does not constitute a change of the agreement or the regulation.

According to the Office, such clauses are prohibited because they give the operator the right to change significant conditions of providing services, e.g. the number and type of channels available under individual packages – without the need to change the agreement with the subscriber. At the same time, such provision deprives the consumer of the right to terminate the agreement. According to the Office, each substantial change in the conditions of providing services should result in an amendment to the agreement, thereby enabling the consumer to terminate the contract.

Identical provisions as the ones applied by Cyfrowy Polsat have already been questioned by the court and are entered into the Register of Prohibited Clauses. The President of UOKiK decided that by applying prohibited conditions in its regulation on providing services, the company violated collective consumer interests and hence the President imposed a fine on the enterpreneur in the amount of PLN 993,597. Moreover, Cyfrowy Polsat is obliged to keep this decision posted on its website for a period of six months and have the conclusion of the decision published in a nationwide daily newspaper.

The Office reminds that the clauses considered by the court as prohibited are entered into the Register maintained by the President of UOKiK. From that moment on their use in legal transactions with consumers is inadmissible. If the entrepreneur uses it anyway, the President of UOKiK may initiate proceedings on violating collective consumer interests, and consequently, impose on the undertaking a fine of up to 10% of its revenue in the preceding year.

The decision is not final, an appeal may be lodged against it to the Court of Competition and Consumer Protection. The company has already withdrawn the practice questioned by the Office.

Additional information:
Małgorzata Cieloch, Spokesperson for UOKiK
Department of International Relations and Communication
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: malgorzata.cieloch@uokik.gov.pl