On a specially designated subpage of UOKiK’s website (see the page: “Istotny pogląd w sprawie”) another so-called standpoint material to a case has been published, which is now the fifth, presented by the President of the Office of Competition and Consumer Protection (UOKiK).

This option of presenting a standpoint material to a case is a new development provided for in recent amendments to the Polish Act of 16 February 2007 on Competition and Consumer Protection (text: ISAP), which provide for new powers with a view to reinforcing the UOKiK President’s statutory prerogatives.

Under art. 31d of that act, “The President of the Office may present a court with a standpoint which is material to a case, in cases concerning competition and consumer protection, if the President of the Office believes this to be in the public interest”.

The most recent standpoint material to a case presented by the President of UOKiK relates to legal aspects of abusive clauses which specify the criteria for adjusting the interest rate and determining the currency rate applied when calculating capital and instalments under mortgage loan agreements indexed in CHF. These are currently the subject of a number of litigation cases between banks and consumers pending before common courts.

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