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Zakaz fotografowania w regulaminie muzeum – komentarz do Wyroku Sądu Ochrony Konkurencji i Konsumentów z dnia 5 maja 2010 roku

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Drela M., Trzciński M.

Ochrona Zabytków

2009

issue 4

83-89

In the middle of 2009, the Regional Court in Warsaw (Court of Competition and Consumer Protection) received a petition to recognise provisions of the model agreement as prohibited. The plaintiff claimed that the provisions of [tar. 8 of the Regulations lor use of exhibited museum items used by the Września Children Regional Museum in Września, reading as follows: “Photographing and filming of exhibits and exhibition rooms is prohibited without the permission of the director of the museum. Photographing is possible after such permission is obtained and a fee is paid”, should be deemed prohibited. The Court recognised the provisions of the model agreement as prohibited and ruled that the provisions of the model agreement with the content quoted above must not be used by the Września Children Regional Museum in Września in transactions with consumers. The essential aim of the article is to determine legal consequences of the decision being discussed and the entering of the provisions concerned into the Register of Prohibited Clauses by the Office of Competition and Consumer Protection. The authors of the article give answers to frequently asked questions concerning the impact of the entry in the Register of Prohibited Clauses on the validity of similar provisions used in regulations of other museums. It is important here that, although the said decision was issued according to the procedure for abstractive control of provisions of the regulations of the museum and refers only to the regulation which is the object of proceedings before the regional court, its impact affects the interpretation of the provisions about abusive clauses carried out in other potential similar cases. In this context, it is important that if other museums make use of any provisions identical to the provisions of par. 8 of the Regulations of the Września Children Regional Museum in Września that were recognised as prohibited in the decision referred to above, such identical provisions cannot be automatically regarded as prohibited (abusive).

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1 Drela M.

1 Trzciński M.

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Zakaz fotografowania w regulaminie muzeum – komentarz do Wyroku Sądu Ochrony Konkurencji i Konsumentów z dnia 5 maja 2010 roku