– OCCP should support entrepreneurs in eliminating illegal clauses from contracts concluded with consumers – says Piotr Wołejko, expert of the Employers of Poland.
The registry of abusive clauses kept by the President of the Office of Competition and Consumer Protection, which has more than 5700 items, requires a fundamental change. In the present form it is illegible and non-functional and therefore can help neither consumers nor businesses seeking information about the contractual terms which have been declared illegal by the Court of Competition and Consumer Protection.
Proposals to change the assumptions of the Code of Civil Procedure and other acts (e.g. the Act on Competition and Consumer Protection) are a harbinger of positive change in this regard. The reform of the Register of Prohibited Clauses is crucial. However, many months will pass before the project assumptions become a bill and the bill becomes law. During this time, the OCCP should support those entrepreneurs who want to work out contractual patterns common for their industries that are free from the provisions considered illegal. We can observe such efforts being made in the banking industry and real estate development sector (as described by "Pulse of Business" on Thursday). OCCP's role should not be only assessing contracts ex post but also creating good contract clauses ex ante - especially when entrepreneurs of a given industry they want to create such a template. If the regulator gets involved in this type of action, it will benefit everyone.
Piotr Wołejko, expert of the Employers of Poland