Civil law, case II C 903/06

August 2nd, 2007, Tomasz Rychlicki

The Regional Court in Warsaw in its judgment of 6 February 2007 case file II C 903/06 held that Internet auctions organized by the popular websites such as and are auctions as defined in article 70 ¹ of the Civil Code. Auction’s closing within the meaning of the Civil Code is a statement generated by the system or by auction’s organizer and sent to the bidder which has submitted the best offer. This message should be treated just as a statement of will of the seller who accepted the offer. It means that the contract takes effect not due to the passage of time, but precisely upon a receipt by the bidder of seller’s statement of acceptance of his offer.