Obowiązek badania przez sąd krajowy z urzędu abuzywności klauzuli umownej, a gwarancja skutecznej ochrony interesów konsumenta
Mandatory ex officio examination of abusive contractual clauses by national courts and the guarantee of effective protection of consumers’interests

Summary/Abstract: In order to ensure an appropriate level of consumer protection envisaged by the EU legislator, a national court is obliged to restore real balance between the consumer and the professional entrepreneur in every case and regardless of national law. The guarantee of effective consumer protection implies examining whether a disputed contractual provision has been individually agreed to by the professional entrepreneur and the consumer, as well as using any possible means to review ex officio the unlawful nature of the relevant contractual provision, even if it is the opinion of the court that the consumer did not raise the given aspect at any stage of the process. These two control mechanisms, i.e. abstract and incidental control, have a common and overarching goal, namely to guarantee consumers protection at least at a level set by the provisions of Directive 93/13/EEC, either through the President of the Office for Competition or Consumer Protection as a public administration authority or through Polish common courts

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