A consumer is only a tool in money-making schemes designed by quasi-consumer organisations.

For many years, the issue of abusive contract terms has been a nightmare not only for businessmen but also for judges adjudicating an increasing number of cases regarding claims aimed at declaring a specimen contract illegal. The implementation of a measure which was supposed to protect consumers has undergone considerable negative changes.

This is due to so-called abusive clause blackmail. Various entities (mainly associations) search specimen contracts used by various companies in order to find clauses which have already been entered into the register of prohibited clauses and then turn to the Competition Court with such matters.
In practice, each case of challenging a contract term is included in a separate lawsuit, so the defendant’s defeat before the court results in multiplication of court fees. At the same time, a given company receives from such an entity an offer that cannot be refused, i.e. a promise to withdraw the legal action in return for a donation for the “statutory objectives of the association”.

Author: Przemysław Rybicki
Source: Rzeczpospolita

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