The BEST Guide to POLAND
Unanswered  |  Archives 
 
 
User: Guest

Home / Law  % width posts: 5

Rights of the Foreign consumer in Poland


Frontrow
7 Sep 2012 #1
Can a foreigner bring legal proceedings against a Polish company in a second European nation for goods or services purchased in Poland. Under EU directives there are laws to protect the consumer. In some EU companies consumer rights laws are far more mature than in Poland. Does anyone have any examples of successful cases being brought against Polish companies outside of Poland.

Looking forward to your thoughts and feedback.
delphiandomine 83 | 17,881
7 Sep 2012 #2
Can a foreigner bring legal proceedings against a Polish company in a second European nation for goods or services purchased in Poland.

Generally speaking, no. If the foreigner is in Poland and purchased the product in Poland, then the Polish legal system must be used. The concept of legal jurisdiction would apply here - what European court is going to get involved in something like this, especially when they have no idea about Polish law?

Of course, once the Polish law route has been exhausted, then you can proceed to the European level court system.

Under EU directives there are laws to protect the consumer. In some EU companies consumer rights laws are far more mature than in Poland.

Instead of blabbing on constantly about the EU, why don't you try and solve the case using the existing Polish legal structures?

Or alternatively, don't do business in Poland.

Does anyone have any examples of successful cases being brought against Polish companies outside of Poland.

You'd be best to consult a lawyer for advice on this. Generally speaking though, these would concern large amounts of money.
OP Frontrow
7 Sep 2012 #3
Instead of blabbing on constantly about the EU, why don't you try and solve the case using the existing Polish legal structures?

Delphiandomine, I do not quite know the level of knowledge you have regarding Polish consumer law. According to the Office of Competition and Consumer Protection, many of the EU Consumer directives have or are being implemented into Polish Law. I have arranged a meeting on Monday to discuss my case, it is not a matter of if I am right or wrong, more procedure and starting the case informed in the correct Protocol and jurisdiction.

If anyone else out there has a Consumer question in Poland I would suggest the following organization.

Office of Competition and Consumer Protection

Plac Powstańców Warszawy 1
00-950 Warszawa


Phone: +48 22 55 60 800
delphiandomine 83 | 17,881
7 Sep 2012 #4
According to the Office of Competition and Consumer Protection, many of the EU Consumer directives have or are being implemented into Polish Law.

Well yes, they're obliged to. But bear in mind that directives are to achieve a desired conclusion (such as 2 year warranties) - how they achieve it is left to the individual member State.

I have arranged a meeting on Monday to discuss my case, it is not a matter of if I am right or wrong, more procedure and starting the case informed in the correct Protocol and jurisdiction.

Well, that's the best way. Trying to use foreign legal systems for a Polish problem is always going to be problematic.
mullerriceman 2 | 23
8 Sep 2012 #5
The concept of legal jurisdiction would apply here - what European court is going to get involved in something like this, especially when they have no idea about Polish law?

The contract that you have with the Polish entity should state under which jurisdiction the contract is to be litigated (should the need arise) and may appoint the appropriate court for doing so. If this is not written in the contract then it gets more complicated and open to legal interpretation as regards where companies are 'seated', where they do most of their business and even the nationality of the employees.

However, it is perfectly ordinary, should it be stated in the contract, for an issue to go to Polish court but be settled under the rules of a different jurisdiction. The Polish courts would then have to (through the foreign ministry/other ministries) get a legal opinion from a so-called legal expert from the country whose jurisdiction is being used. The court case, would, as you would expect, take even longer than normal and all Polish judges hate this (particularly when dealing with a common-law based system ie.g. UK & USA) but nevertheless, should the contract dictate which jurisdiction should be used in the case that any civil disputes arise, the Polish court/judges have no choice. The same naturally applies in other member states if someone should a contract say Polish jurisdiction is to be followed.


Home / Law / Rights of the Foreign consumer in Poland
BoldItalic [quote]
 
To post as Guest, enter a temporary username or login and post as a member.