• Polski Prąd i Gaz, Raiffeisen.
• These are the undertakings that were subject to judicial decisions following the UOKiK’s decisions concerning consumer protection

Polski Prąd i Gaz - Ref. No. XVII AmA 35/17

The first decision was issued in March 2018 and concerned the appeal of Polski Prąd i Gaz (formerly Polska Energetyka PRO) against the UOKiK’s decision of December 2016. UOKiK concluded the company misled consumers by impersonating their current electricity supplier. Its representatives suggested the documents presented for signature are, for example, an amendment to the existing contract or the requirement to sign them resulted from a change in regulations. Polski Prąd i Gaz also exerted pressure on consumers, claiming that if they refuse to sign the documents, electricity will be cut off, or their existing contract will expire. Moreover, the undertaking misled consumers as to the amount of future energy bills. For example, it did not inform about the obligation to pay a monthly trade fee or that the price for electricity consumption (1 kWh) would be regularly increased every year. Representatives of the company did not leave the signed documents to consumers nor did they inform about the right to withdraw from the contract.

For the infringement of the collective interests of consumers, the President of UOKiK imposed a fine in the amount of more than PLN 10 million, ordering the company to discontinue the above-mentioned practices. The Court of Competition and Consumer Protection dismissed the company’s appeal. In the oral justification of its decision, the court stated that the evidence collected during the proceedings fully confirmed the testimonies of witnesses (over 500 complaints from clients) and the allegations contained in the UOKiK’s decision. According to the court, the company bears full responsibility for unfair commercial practices of its proxies. The court found no grounds to lower the imposed fine.

Raiffeisen – Ref. No.  XVII AmA 4/15

Another judicial decision pertains to the decision issued in October 2014. The President of UOKiK concluded that Raiffeisen Bank (former Polbank) infringed the collective interests of consumers.

The bank (formerly Polbank EFG) concluded agreements by phone, but it did not send in advance information required by the regulations on distance contracts, nor did it accept the withdrawals submitted by consumers within the 30-day period prescribed by law. Besides, it did not inform that the offered Kumulatus Savings Program was actually a unit-linked insurance contract. Consultants presented the offer as a “program” or “saving”. As a result, many of them did not know what product they purchased. While offering the product, the bank concealed that customers would lose their funds if they withdraw from the contract within the first two years. UOKiK imposed a fine of more than PLN 21 million on the company. In May 2018 the Court of Competition and Consumer Protection (SOKiK) dismissed the bank's appeal. SOKiK referred to the decision of the Supreme Court in another case, in which the Supreme Court concluded that Raiffeisen Bank was the legal and procedural successor of Polbank. The court pointed out that in the case of contracts concluded by telephone, the bank was obliged to provide its customers with fair information. After listening to the telephone conversations recordings, the court, just like the President of UOKiK, had the feeling that the conversation concerned a savings product, not insurance. According to SOKiK, however, the fine imposed on Raiffeisen was too high, so it was reduced to over PLN 5 million.

Appeal procedure

The undertaking has the right to appeal against the UOKiK’s decision to the Court of Competition and Consumer Protection, and to appeal against the SOKiK’s decision to the Court of Appeal in Warsaw. It is also possible to file a further appeal against the Court of Appeal’s decision to the Supreme Court.

Judicial decisions database

Since November 2015, a judicial decisions database is available on the UOKiK website. It contains information on all decisions concerning practices restricting competition, concentration control, infringement of the collective interests of consumers and cases on recognition of prohibited clauses (in which UOKiK was the claimant). The database is available under the “Prawo/Baza wyroków” tab on the UOKiK website: http://decyzje.uokik.gov.pl/bp/wyroki.nsf. Detailed information on the publication of judicial decisions is provided in the document entitled Rules on providing information on the judicial review of the decisions issued by the President of UOKiK.

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