Instrumenty indywidualnej ochrony konsumenta w ustawie o przeciwdziałaniu nieuczciwym praktykom rynkowym a „Nowy ład dla konsumentów”
Individual protection of consumers in the Act on Counteracting Unfair Market Practices and the ‘New Deal for Consumers’

Summary/Abstract: Although Directive 2005/29/EC does not provide tools for individual consumer protection, the Polish legislator decided to introduce some, as part of the implementation process, in Article 12 of the Act on Counteracting Unfair Market Practices. Currently, as part of the ‘New Deal for Consumers’ initiative, the EU legislator is also considering a revision of the Unfair Market Practices Directive by imposing on national legislators an obligation to provide consumers with instruments of individual civil law protection, including at least the right to unilaterally terminate the contract and the right to claim damages. The study focuses on the main doubts as to the construction of the current Polish regulation of individual protection mechanism and the EU proposal. The aim of the dogmatic analysis is to indicate a de lege ferenda solution that would enhance the achievement of the purpose of the directive

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