Ochrona konsumenta przed klauzulami nieuczciwymi w postępowaniu nakazowym w świetle orzecznictwa Trybunału Sprawiedliwości UE
Consumer protection against unfair clauses in the payment-order procedure in the light of the judgment of the court of justice

Summary/Abstract: The subject of the publication is the confrontation of the construction of the Polish civil payment-order procedure and the objectives it implements with the requirement of providing of the effective consumer protection against unfair clauses by EU Member States, including Poland. The background of the issues raised are CJEU’s judgements issued at the end of 2018 in cases C-176/17 and C-632/17. By using formal-dogmatic method, the author analyzes the Polish payment-order procedure from the perspective of requirements set out by the CJEU’s judgements in providing the consumer with an effective legal remedy that protects him against unfair clauses at the stage of court proceedings. The author presents as a model solution de lege lata regulations in the procedural law that supports the employee in proceedings against the employer.

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