Skutki prawne nieudzielenia w terminie odpowiedzi na reklamację klienta podmiotu rynku finansowego
Legal ramifications of the failure to timely respond to the client’s complaint in the financial services sector

Summary/Abstract: The article analyses civil law ramifications of the failure to timely respond to the client’s complaint under art. 8 of the Law on handling complaints by financial market entities and on the Financial Ombudsman of 2015. According to the law if a client has filed a complaint and a trader has not responded to his re- quests within the prescribed times of 30 or 60 days, the request shall be deemed to be considered justified by the trader. Based on the scholarship related to a similar construct in the law of sales, the author argues that the rule of art. 8 shifts the burden of proof of substantive premises of the cli- ent’s claim to the trader in subsequent court proceedings. The trader hence can contest the validity or the extent of the claim before the court. The question is to be solved by the Supreme Court in the preliminary question procedure.

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