SUNDAY, 4 JANUARY 2009
Poland: product's information in Polish
The Polish newspaper Rzeczpospolita reports recent judgment of the District Administrative Court in Warsaw act signature VI SA/Wa 2119/08 regarding products information and labelling. Polish company BIZ from Swiebodzice appealed the decision of the Trade Inspection ordering it to change information placed on products (tiles) that were imported form Spain where all descriptions were only available in Spanish. The company claimed that it presents its clients with all information needed in Polish language during sales. However, the Court ruled that according to article 3(1) and 6 of the Act of 27 July 2002 on specific terms and conditions of consumer sale and amendments to the Civil Code (in Polish: Ustawa o szczególnych warunkach sprzedazy konsumenckiej oraz o zmianie Kodeksu cywilnego Dziennik Ustaw no 141 pos. 1176):
1. The seller selling his products in the Republic of Poland shall provide clear, understandable, not misleading information in Polish, necessary for proper and full use of the consumer good sold. In particular, the following information shall be provided: name of the product, description of the manufacturer or importer and country of origin of the product, safety label and kite mark required by separate provisions, information whether the product is approved for general sale in the Republic of Poland, as well as, according to the type of the product, specification of energy consumption and other data mentioned in separate provisions.
6. The information or documents referred to in paragraphs 1 and 5, should be drawn up in the Polish language, or, if the type of information allows it, in a comprehensible form. The requirement to use the Polish language does not apply to names, trademarks, trade names, indications of origin and customarily used scientific and technical terminology.
the seller is explicitly required to provide information, sufficient for the proper and full use of the goods sold. Such information should be in Polish language or in a comprehensible graphic form and placing a substitute of product's information in the form of the European standards is not enough, because it will be only legible for oriented, but not the average consumers.
Posted by: Tomasz Rychlicki @ 18.59
Tags: labelling, official languages., Poland, Polish courts,