# C_2015198EN.01001801.xml

| 15.6.2015 | EN | Official Journal of the European Union | C 198/18 |
| --- | --- | --- | --- |

15.6.2015

EN

Official Journal of the European Union

C 198/18

---

Request for a preliminary ruling from the Sąd Apelacyjny w Warszawie (Poland) lodged on 9 March 2015 — Biuro podróży ‘Partner’ Sp. z o.o., Sp. komandytowa w Dąbrowie Górniczej v Prezes Urzędu Ochrony Konkurencji i Konsumentów

(Case C-119/15)

(2015/C 198/24)

Language of the case: Polish

Referring court

Referring court

Sąd Apelacyjny w Warszawie

Parties to the main proceedings

Parties to the main proceedings

Applicant: Biuro podróży ‘Partner’ Sp. z o.o., Sp. komandytowa w Dąbrowie Górniczej

Applicant:

Defendant: Prezes Urzędu Ochrony Konkurencji i Konsumentów

Defendant:

Questions referred

Questions referred

| 1. | In the light of Articles 6(1) and 7 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (1), in conjunction with Articles 1 and 2 of Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers’ interests (2), can the use of standard contract terms with content identical to that of terms which have been declared unlawful by a judicial decision having the force of law and which have been entered in the register of unlawful standard contract terms be regarded, in relation to another undertaking which was not a party to the proceedings culminating in the entry in the register of unlawful standard contract terms, as an unlawful act which, under national law, constitutes a practice which harms the collective interests of consumers and for that reason forms the basis for imposing a fine in national administrative proceedings? |
| --- | --- |

1.

In the light of Articles 6(1) and 7 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (1), in conjunction with Articles 1 and 2 of Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers’ interests (2), can the use of standard contract terms with content identical to that of terms which have been declared unlawful by a judicial decision having the force of law and which have been entered in the register of unlawful standard contract terms be regarded, in relation to another undertaking which was not a party to the proceedings culminating in the entry in the register of unlawful standard contract terms, as an unlawful act which, under national law, constitutes a practice which harms the collective interests of consumers and for that reason forms the basis for imposing a fine in national administrative proceedings?

1

2

| 2. | In the light of the third paragraph of Article 267 of the Treaty on the Functioning of the European Union, is a court of second instance, against the judgment of which on appeal it is possible to bring an appeal on a point of law, as provided for in the Polish Code of Civil Procedure, a court or tribunal against whose decisions there is no judicial remedy under national law, or is the Sąd Najwyższy (Polish Supreme Court), which has jurisdiction to hear appeals on a point of law, such a court? |
| --- | --- |

2.

In the light of the third paragraph of Article 267 of the Treaty on the Functioning of the European Union, is a court of second instance, against the judgment of which on appeal it is possible to bring an appeal on a point of law, as provided for in the Polish Code of Civil Procedure, a court or tribunal against whose decisions there is no judicial remedy under national law, or is the Sąd Najwyższy (Polish Supreme Court), which has jurisdiction to hear appeals on a point of law, such a court?

---

(1)  OJ 1993 L 95, p. 29.

1

(2)  OJ 2009 L 110, p. 30.

2

---