General Reference Clauses in the Act of 23 August 2007 on Counteracting Unfair Market Practices: Selected Issues against the Background of EU Regulations

Abstract

Consumer protection plays a very important role in national and EU law. However, regulations concerning this subject are scattered in various legal acts. In addition, the legislation of individual EU member states protects consumers in different ways; it is far from uniform. This protection is related to, inter alia, the introduction of various general clauses into the individual legal systems of the member states. These clauses protect the interests of the weaker party — the consumer — against certain behaviours of professionals, who undoubtedly have a privileged position. The Polish model definitely prefers the “good behaviour” clause. The EU legislator intended to simplify this protection by using more understandable clauses, but the Polish legislator, in the process of implementing the directives, greatly complicated the regulations in this area. It does not serve the proper protection of consumers well.