Public Compensation as a Measure for Remedying the Ongoing Effects of Infringement of Collective Consumer Interests: Systemic and Competence Doubts Cover Image

Rekompensata publiczna jako środek usunięcia skutków naruszenia zbiorowych interesów konsumentów: wątpliwości systemowo-kompetencyjne
Public Compensation as a Measure for Remedying the Ongoing Effects of Infringement of Collective Consumer Interests: Systemic and Competence Doubts

Author(s): Konrad Kohutek
Subject(s): Constitutional Law, Law on Economics, Public Finances, Commercial Law
Published by: Oficyna Wydawnicza KA AFM
Keywords: public compensation; collective consumer interests; President of the Office of Competition and Consumer Protection; administrative approval; principle of proportionality; right to court;

Summary/Abstract: The so-called public compensation is a measure that for several years has been applied by the President of the Office of Competition and Consumer Protection to remedy the effects of infringement of collective consumer interests. It consists in imposing on the undertaking concerned (the infringer) an order to pay to the consumers a certain amount of money or to make another financial benefit. Public compensation (in my opinion not having a sufficient normative basis) is a measure whose admissibility of application raises doubts in particular in the context of compliance with constitutional principles and consistency with the legal concept of protecting the collective interests of consumers.

  • Issue Year: 24/2019
  • Issue No: 1
  • Page Range: 36-59
  • Page Count: 24
  • Language: Polish