Poland's UOKiK issues PLN 22m fine for changing regulations and increasing prices of services provided

Poland's UOKiK has imposed a fine of over PLN 22 million on the TV and internet service provider Vectra for unilaterally introducing clauses into agreements with customers, which make it possible to change these agreements and increase subscription fees.

Vectra introduced a modification clause into existing agreements, concluded for an indefinite period, which described the circumstances under which the general terms and conditions of the agreement can be changed. Following this, on the basis of this clause, Vectra increased monthly subscriptions by PLN 5, citing a significant increase in the cost of the services provided.

At the same time, Vectra made it possible for customers to terminate the agreement should they not agree to the proposed change.

The UOKiK qualified this as an action that violated the collective interests of consumers, taking the view that the amendment to the agreement had no legal basis, and hence was ineffective. As a result, the subscription increase also had no basis in the binding agreement.

According to the UOKiK's opinion, in the absence of a modification clause in an agreement with a consumer that is concluded for an indefinite period, an amendment to an agreement can only take place by mutual consent of the parties and cannot involve the consumer having to terminate the agreement if he or she does not agree to the changes proposed by the undertaking.

For infringing the collective interests of consumers, the UOKiK imposed a fine on Vectra of over PLN 22 million. In addition, it ordered the company to make it possible for consumers to demand a refund of all the additional fees charged as a result of the subscription increase.

The decision is not final and Vectra may appeal it to the Court of Competition and Consumer Protection.

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