Current report No. 24/2024

Title: Judgment of the CCCP regarding  the appeal of Allegro sp. z o.o. from the  decision of the OCCP regarding the proceedings for recognising the provisions of the standard agreement as abusive and the imposition of a fine on Allegro sp. z o.o.

Legal basis: Article 17 sec. 1 of the MAR - inside information

With reference to the current report No. 44/2022 of 29 December 2022, the Board of Directors of Allegro.eu (the "Company", "Allegro.eu") hereby informs that on 11 December 2024 it became aware of the judgment of the Court of Competition and Consumers Protection (the “CCCP”) deciding on the appeal of Allegro sp. z o.o. ("Allegro PL")  from the decision issued by the President of the Office of Competition and Consumer Protection (the "OCCP") on 29 December 2022, imposing a fine on Allegro PL in the amount of (i) PLN 1,221,747 for violations related to Allegro T&C (as indicated below); and (ii) PLN 2,748,930 zł for violations related to Smart! T&C (as indicated below), i.e., in total a fine in the amount of PLN 3,970,677 for the violation of the Act on Competition and Consumer Protection of 16 February 2007 (Journal of Laws of 2021, item 275) consisting in the implementation by Allegro PL in the terms and conditions for the provision of services governing the rules of operation of the Allegro PL marketplace and in the terms and conditions of the Smart! Programme of modification clauses allowing for a unilateral introduction by Allegro PL of amendments to these terms and conditions (the "Decision").

According to the Decision, Allegro PL applied provisions which were found  to be abusive contractual provisions because they allowed Allegro PL to unilaterally change the conditions of Allegro T&C and Smart! T&C. According to the Decision Allegro PL’s actions exploited its stronger position against consumers by implementing abusive provisions in the standard agreements, which resulted in a disproportion of rights and obligations to the disadvantage of consumers.

The CCCP upheld the Decision in its entirety and dismissed the appeal of Allegro.

Allegro PL will analyze the justification for the ruling and take steps to have it overturned. Allegro.eu points out that, at this moment, the CCCP’s verdict is not final, the Decision is not definitive, and the penalty imposed is not enforceable. Allegro PL has the option to appeal the CCCP's verdict to the Court of Appeals. The Decision will become final only if no appeal is filed, or after the court proceedings have definitively concluded.

Allegro.eu is a Luxembourg joint-stock company (société anonyme), address of the registered office: 1, rue Hildegard von Bingen, L – 1282 Luxembourg, Grand Duchy of Luxembourg, R.C.S. Luxembourg: B214830.