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SPCG Successful for T-Mobile Polska in Dispute Against Polish Consumer Protection Office and President

SPCG Successful for T-Mobile Polska in Dispute Against Polish Consumer Protection Office and President

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SPCG Studnicki, Pleszka, Cwiakalski, Gorski has successfully represented T-Mobile Polska S.A. in a dispute with Poland's President of the Office for Competition and Consumer Protection before the country's Court of Competition and Consumer Protection. The dispute was in relation to a subscription price increase and the obligation to pay public compensation.

On December 30, 2015 the President of the Office for Competition and Consumer Protection concluded that T-Mobile Polska's 2014 imposition of a unilateral change in contracts and increase in the subscription fee infringed the collective interests of consumers.

At the same time, the Office for Competition and Consumer Protection imposed an obligation on T-Mobile Polska to pay a "public compensation" (a specific lump sum/flat fee compensation) to consumers affected by the contested consumer practice, and imposed a financial penalty on the company of over PLN 4.5 million.

As a result of T-Mobile Polska's appeal against the decision, on May 21, 2018, the Court of Competition and Consumer Protection annulled the decision of the President of the Office for Competition and Consumer Protection in its entirety. In its judgment the Court pointed out, among other things, that informing consumers about a change in pricing cannot be considered a practice violating the collective interests of consumers. Such information, according to the Court, did not mislead consumers. The President of the Office for Competition and Consumer Protection did not question the modification clauses possessed by T-Mobile Poalns in contracts with subscribers.

According to SPCG, as long as these clauses are not successfully challenged, all changes introduced to the contracts should be considered effective. 

The firm's team consisted of Partners Slawomir Dudzik and Marcin Koper.

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