Solicitor (England, Wales), Warsaw, Poland
A new consumer law granting rights to consumers, and laying new obligations on sellers, distributors and manufacturers of consumer goods has recently been introduced in Poland. The law of July 27, 2002 on Specific Conditions of Consumer Sales and Amendment of the Civil Code (the ‘‘Law’’) was published in the Official Journal of 2002, No.141, item 1176) and came into force on January 1, 2003. It aims to harmonise Polish law with EU requirements – in particular, with the Sale of Consumer Goods and Associated Guarantees Directive (99/44/EC) (the ‘‘Directive’’) which provides a baseline of protection for consumers across EU Member States. In line with the spirit of the Directive, the Law eliminates the guarantees and warranty of title under the Civil Code that have, up until now, been available to Polish consumers in goods purchases. As a result, the seller now has a greater obligation vis-à-vis the consumer and becomes liable for