• Since the beginning of 2023, the President of UOKiK Tomasz Chróstny has issued 30 decisions in cases of payment backlogs.
• He imposed financial penalties totalling more than PLN 20 million on 16 entrepreneurs.
• In addition, taking advantage of the amended legislation, he addressed 62 soft calls to entrepreneurs.

The amendment to the Act on Prevention of Excessive Delays in Commercial Transactions, which came into force in December 2022, introduced, among other things, the institution of a so-called soft calls. This is an instrument that has been used effectively for many years, for example in the area of consumer protection and competition. It makes it possible to signal possible irregularities and influence the actions of companies without the need to initiate formal proceedings. It is used to show entrepreneurs that their practices may be in breach of the law, while suggesting a solution - in this case improving payment discipline towards suppliers.

Soft calls to 62 companies

The President of UOKiK issued soft calls to 62 entrepreneurs operating in the following industries:

• electrical machinery, metallurgy, chemicals, food, pharmaceuticals, cosmetics, footwear, shipbuilding
• wholesale and retail trade in the food, pharmaceutical and automotive markets
• transport, forwarding and logistics
• construction.

The President of UOKiK expects the entrepreneurs to whom the soft call has been issued to immediately improve their payment culture towards their counterparties. Otherwise, the President of UOKiK will take formal action, i.e. initiate administrative proceedings and impose financial penalties.

There are also already the first reactions of entrepreneurs to the actions of the President of UOKiK. Some of the companies that received the letters declared that they would immediately review their payment procedures, take the necessary measures to improve payment discipline towards their counterparties and eliminate the identified delays.

Another 30 decisions on payment backlog cases

At the same time, the President of UOKiK is continuing the actions taken under the regulations in force before December 2022. Since the beginning of this year, he has issued 30 decisions in which he found excessive delays in the fulfilment of monetary benefits by entrepreneurs. He imposed financial penalties on 16 companies:

• FCA Poland – PLN 7.4 M
• CELSA Huta Ostrowiec – over PLN 3 M
• Wojas – almost PLN 1.7 M
• Cognor – PLN 1.4 M
• Hurtownia Motoryzacyjna Gordon – PLN 1.3 M
• Rossmann – PLN 1.2 M
• Wkręt-Met – PLN 1.1 M
• Aldi – PLN 830 K
• Agri Plus – PLN 476 K
• Grudnik – over PLN 400 K
• Przedsiębiorstwo Usług Technicznych Intercor – PLN 360 K
• Elit Polska – PLN 250 K
• The Lorenz Bahlsen Snack-World – PLN 240 K
• Biazet – PLN 227 K
• Caterpillar Poland – PLN 183 K
• DSV Road – PLN 164 K

In the case of 14 entrepreneurs, the President of UOKiK also found that they were in arrears with payments to their counterparties, but at the same time there were premises obliging them to waive the monetary sanction. Indeed, it was found that during the period under review, entrepreneurs were themselves vulnerable to payment backlogs. Such situations occurred in the case of the companies: DHL Parcel Polska, BP Europa SE Branch in Poland, Rawlplug, REAL, Pepco Poland, Cemex Polska, Garmond Press, Superdrob, Raben Logistics Polska, Viterra Polska, Zakład Przemysłu Mięsnego Biernacki, Mars Polska, BSH Sprzęt Gospodarstwa Domowego, TIM.

Role of the President of UOKiK in the fight against payment backlogs

The competence of the President of UOKiK in terms of counteracting payment backlogs focuses on improving payment discipline of entrepreneurs. The financial penalties imposed on companies serve to exert preventive pressure on companies to pay their obligations to their counterparties on time. However, the overriding aim of the actions taken by the President of UOKiK is to effectively watch over the market, using various legal instruments, including less formal ones - such as “soft calls”. They should help to reduce the level of payment backlogs in the market.

Visit the website on payment backlogs

The most important information regarding the competencies of the President of UOKiK in connection with payment backlog may be found on a special website. What are payment backlogs? When can the President of UOKiK investigate them? How can I report a business partner who has failed to make a payment? Who may file such a report? Answers to these and many other questions may be found at zatoryplatnicze.uokik.gov.pl.

Additional information for the media:

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