Nowy model ochrony zbiorowych interesów konsumentów w UE i możliwości jego wdrożenia do prawa polskiego
A new model for the protection of consumer interests in the European Union and its possible implementation into Polish law

Summary/Abstract: In the draft of a Directive on representative actions, the European Commission proposed an extension of the existing model of the protection of collective consumer interests by the inclusion, therein, of the possibility of compensatory redress. The current model, based on the provisions of Directive 2009/22/EC, does not contain the possibility of consumers to claim compensation, but it enables bringing an action for an injunction by qualified entities designated by the Member States. The above mentioned provision of Directive 2009/22/EC was implemented by the Polish legislator in the Act on Competition and Consumer Protection, which provides separate proceedings concerning practices infringing collective consumer interests conducted ex officio before the President of the Office of Competition and Consumer Protection. The proposed extension of the existing model to include compensatory redress in the collective redress mechanisms gives rise to the necessity of remodelling the legal solutions existing in the Polish legal system. In what follows, the paper indicates the potential implementation variants and discusses the difficulties facing the Polish legislator related with the implementation of the Directive on representative actions in the shape proposed by the Commission.

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