Summary
The Polish Supreme Court stated that in light of Article 3 par. 1 of the Rome I Regulation the law applicable shall be chosen freely and must be based on actual intent of the parties. The choice of law applicable provided by the provisions of standard contract executed with the consumer is not valid because the wording of such clause had not been agreed individually with the consumer. The Polish Supreme Court emphasised that, according to Article 6 par. 2 of the Rome I Regulation, the parties may choose the law applicable to a contract and that such a choice may not, however, have the result of depriving the consumer of the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable. Consequently, the Polish Supreme Court stated that it is possible that the consumer would not know, until the proceedings, which law is applicable. Consequently, the court would be obliged to decide if the law ‘chosen’ by the parties does not deprive the protection afforded to the consumer by provisions that cannot be derogated.