Opinion of the Advocate General — ECLI:EU:C:2019:74
Date: 2019-01-30
Language of the case: Polish
Subject matter: Right of establishment;Consumer protection;Approximation of laws;Freedom to provide services
Procedure: Reference for a preliminary ruling
Origin: Poland

Request for a preliminary ruling from the Sąd Najwyższy (Poland) lodged on 8 November 2017 — Prezes Urzędu Ochrony Konkurencji i Konsumentów v Orange Polska S.A. (Case C-628/17) Language of the case: Polish Referring court Sąd Najwyższy Parties to the main proceedings Appellant: Prezes Urzędu Ochrony Konkurencji i Konsumentów Respondent: Orange Polska S.A. Questions referred Is Article 8, in conjunction with Articles 9 and 2(j), of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council 1 to be interpreted as meaning that the use of standard forms for the conclusion of distance contracts relating to the provision of telecommunications services, under which a consumer is required to make the final business decision in the presence of the courier handing over the standard-form contract (general terms and conditions), an aggressive commercial practice by a trader owing to undue influence: (a) always, where the consumer, during the courier’s visit, is unable freely to take cognisance of the content of the standard-form contract; (b) only where the consumer has not previously and individually received all standard forms (for example, at his e-mail address or home address), even if he himself had the opportunity, prior to the courier’s visit, to take cognisance of their content on the trader’s website; (c) only if additional findings were to point to unfair actions on the part of the trader, or on his behalf, for the purpose of restricting the consumer’s decision-making freedom in regard to the business decision which he has to make? ____________ 1 OJ 2005 L 149, p. 22.