The alert on planned changes to the Code of Civil Procedure included information about the possibility of introducing a completely new separate procedure, namely a procedure involving consumers.

It would apply to cases involving consumer claims against a business, and to claims against a business, provided that the consumer is a party to the proceedings. These proceedings would be conducted pursuant to the provisions of this section, even if the party previously operating the business discontinues its business activity.

The facilities provided for by the Act would include:

a) enabling the filing of an action before the court with jurisdiction over the consumer’s place of residence (in the absence of exclusive jurisdiction);

b) the party being an entrepreneur would be bound by the evidentiary preclusion (i.e. all allegations and evidence should be cited in the first written statement in the case), unless that party is not represented by a professional attorney – in which case the court will request the submission of a written statement with all allegations and evidence, similarly to the proceedings in commercial cases;

c) if a party that is an entrepreneur, before filing a lawsuit, abandons an attempt to voluntarily resolve the dispute, evades participation in such an attempt or participates in it in bad faith and thereby contributes to the unnecessary filing of a lawsuit or an incorrect definition of the subject matter of the case, regardless of the outcome of the case, the court may charge that party with the costs of the proceedings in whole or in part, and in justified cases even increase them (no more than twice).

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