Poland - Play - Decision of UOKiK
P4 company, the Play network operator, failed to comply with the ruling issued by the Court of Competition and Consumer Protection (SOKiK) and did not remove immediately the abusive clause from its agreements. Moreover, it was violating consumers’ right to claim compensation for the lack of access to telecommunications services. For infringing collective interests of consumers, the undertaking was fined with more than PLN 8 million.
The proceedings in the case of P4, the Play network operator, were initiated in November 2012. The President of the Office examined the regulations of providing telecommunications services and Internet access. Main reservations were raised first and foremost as regards the company’s failure to comply with the ruling by the Court of Competition and Consumer Protection (SOKiK) and limiting consumers’ right to seek redress for the lack of access to telecommunications services.
Ruling of SOKiK
While examining standard agreements, UOKiK found that P4 had failed to comply with the SOKiK’s ruling. In February 2012, the Court decided that the clause used by P4 determining the duly performed delivery, was unlawful. Consequently – it was entered in the Register of Prohibited Clauses and from that point it should have been removed from the operator’s standard forms of agreements. Despite the final court judgement, P4 eliminated the abusive clause as late as more than five months upon publication thereof in the register. According to the clause found abusive by the Court, the letter sent to the last address provided by a consumer was automatically deemed duly serviced and brought about specific legal effects. For applying a clause entered in the register, UOKiK may impose a maximum fine of up to 10 % of revenue obtained by an undertaking in the preceding year.
No liability
Reservations were also raised as regards limiting to consumers the possibility to seek redress in accordance with provisions of the Civil Code for the period they did not have access to telecommunications services. Standard agreements contained no provisions granting the subscriber the right to pursue claims exceeding the value of contractual penalty imposed by an undertaking. Therefore, a consumer would not be able to claim compensation before courts of the value exceeding the contractual penalty set forth in the standard agreement.
Under the Telecommunications Act, the service provider is required to specify in the agreement the scope of liability for non-performance or improper performance of an agreement, the level of compensation as well as the principles and time limits for the payment thereof. The subscriber is entitled to claim compensation corresponding to the damage suffered, and it is not limited to the amount of the subscription fee.
For violating collective interests of consumers, the President of UOKiK fined P4 with over PLN 8 million (PLN 8,218,537). The decision is not final as the undertaking appealed to the court.
Additionally, UOKiK would like to remind you that in the event of a dispute with an entrepreneur, consumers can seek assistance at municipal or district consumer ombudsmen and NGOs - Consumer Federation, Association of Polish Consumers. Free of charge counselling is also available at 800 007 707. Moreover, as regards telecommunications services, one can turn to the UKE Consumer Information Center, tel. 801 900 853.