Stalexport infringed the law by charging consumers unfair tolls for driving a section of A4 motorway which was under roadworks. The President of the Office of Competition and Consumer Protection, Marek Niechciał, ordered the company to change the practice and imposed a fine of PLN 1.3 million.

Stalexport Autostrada Małopolska has the concession for the construction and exploitation of A4 motorway. The road provides quick and convenient connection between Katowice and Kraków. There are no alternative public roads of comparable standard linking the two cities. Drivers willing to use A4 must pay a toll, which Stalexport has the right to establish or change. However, in return for their money, consumers should be able to drive a road of a motorway standard, i.e. a dual-carriageway road dedicated to passenger vehicles only, etc.

In October 2007, the President of UOKiK launched the antimonopoly proceeding on receiving complaints from consumers who were forced to pay full toll for driving a section of A4 which was under repair. During the proceeding, the President of UOKiK established that from January to September 2007 a section of the motorway was indeed under repair, which slowed down and significantly hindered the traffic. In the peak of the roadworks, drivers from both directions had to travel almost 1/3 of the motorway on a single-carriageway and the driving time was over 20% longer. In spite of this Stalexport charged consumers the full toll.

In the opinion of the Office, having paid the full toll a consumer may expect the service of appropriate quality. The charge had been established assuming that the motorway complies with all the requirements provided for a road of this class. However, the number of traffic hindrances caused by the repair works extended the driving time and limited the safety and comfort of the road users. In the opinion of the President of UOKiK, Stalexport Autostrada Małopolska may not charge the full toll for a motorway which does not meet the relevant standards as a whole.

Drivers who have paid the full toll for A4 motorway may file consumer complaints on general terms and claim a refund of a part of the costs. Local consumer ombudsmen provide free legal assistance in this scope.

This is not the only proceeding concerning tolls for a motorway whose sections are under repair: UOKiK is also checking whether Autostrada Wielkopolska - the concessionaire of A2 motorway - did not infringe the law in the same way.

The decision is not final. The enterprise may appeal to the Court of Competition and Consumer Protection.

Additional information:
Małgorzata Cieloch, Spokesperson for UOKiK
Pl. Powstańców Warszawy 1, 00-950 Warszawa
Tel. (+48 22) 827 28 92, 55 60 106, 55 60 430
faks (+48 22) 826 11 86
E-mail [SCODE]bWNpZWxvY2hAdW9raWsuZ292LnBs[ECODE]

UOKiK Branch Office in Katowice
ul. Powstańców 41a, 40-024 Katowice, Poland
Tel.: (+48 32) 255 26 47, 256 46 96, 255 44 04
faks (+48 32) 256 37 64
E-mail [SCODE]a2F0b3dpY2VAdW9raWsuZ292LnBs[ECODE]