EV Dealer Legal Liability in Poland: How to Avoid UOKiK Fines and Consumer Claims

Last updated: 21.08.2026

The distribution of electric cars creates a distinct profile of civil and administrative risk for businesses operating on the Polish automotive market. The scope of liability depends not only on the terms of the sales contract, but also on the dealer’s actual position within the distribution chain – particularly whether it acts as an importer or purchases vehicles from an official EU distributor.

For electric vehicle dealers, importers, distributors and teams responsible for sales, compliance and marketing, the key issues include pre-contractual information duties, vehicle conformity, type approval limitations, battery warranty representations and environmental claims. The following sections examine how these obligations affect relations with consumers and identify the procedures that can help reduce legal and commercial risk when selling electric cars in Poland.

Electric Vehicle Dealer Liability on the Polish Market

The legal position of an electric vehicle dealer depends on its actual role in the distribution chain. An entity that imports vehicles directly into the European Union bears significantly broader obligations than a showroom purchasing cars from an official EU importer.

Regardless of the distribution model, a dealer selling electric cars to consumers must comply with rules concerning:

• pre-contractual information,
• conformity of goods with the contract,
• liability for defects,
• battery warranty representations,
• environmental marketing claims,
• disclosure of type approval limitations.

Electric Vehicle Dealer as Importer or Distributor – Legal Status and Liability

In commercial practice, the boundary between individual roles tends to be fluid, which gives rise to different legal consequences:

Dealer-Importer

An entity importing vehicles directly from a third country and introducing them into circulation within the European Union.

It bears full importer liability -including for the vehicle’s compliance with type approval requirements – and is liable before the law exactly like a manufacturer if the latter is not established in the EU.

Dealer-Distributor

An entity purchasing vehicles from an official importer established within the territory of the EU.

It is not responsible for the primary type approval processes, but it bears the full liability of a seller towards the end buyer under implied warranty, conformity of the goods with the contract, and information obligations.

Information obligations before concluding an EV sales contract

According to the Act on Consumer Rights, before signing a contract, the showroom has an absolute obligation to exhaustively inform the customer about the key technical features of the vehicle.

Every EV sale in Poland (consumer regulations strictly enforce this) must be preceded by clear instructions to the customer regarding:

• main features of the goods—which in the case of an electric vehicle includes the range in the WLTP cycle, battery capacity, power and charging time, and type of charging socket, as well as electricity consumption and compatibility with available charging stations and charging points,
• limitations resulting from the type of approval—in particular, the inability to register the vehicle abroad in the case of a national small series,
• the presence or absence of required safety systems—eCall, ISA, AEB, if the vehicle is not equipped with them (which is possible with a small series),
• detailed terms of the commercial manufacturer’s warranty for the traction battery and the scopes of cell degradation exclusions,
• the total price of the goods including all taxes and fees.

Failure to fulfill the information obligation constitutes an unfair market practice within the meaning of the Act on Counteracting Unfair Market Practices and may be sanctioned by UOKiK. 

Furthermore, a consumer who has not received the required information may, under certain circumstances, withdraw from the contract or demand a price reduction.

Practical recommendation: dealers should implement a written pre-sale checklist that documents the scope of the provided information and obtain confirmation of its receipt by the buyer before the contract is signed.

Defects and Non-Conformity of Electric Passenger Cars – When Type Approval Becomes a Problem

The seller is liable to the consumer for physical and legal defects for a period of 2 years from the moment the vehicle is delivered, and the exclusion or limitation of this liability towards consumers is prohibited and void.

In the EV market, common courts identify specific categories of defects:

• A legal defect of a vehicle may occur when the vehicle holds only a national small series type approval, and the consumer—not having this information—purchased the vehicle with the intention of using it in another EU country or reselling it abroad. The limitation of the vehicle’s territorial range, which the buyer was unaware of, may constitute a legal defect entitling them to withdraw from the contract or demand a price reduction.
• A physical defect of a vehicle may result from the absence of required safety systems. A vehicle sold as modern and safe, but lacking the eCall or ISA system—where the consumer was not informed about this—may be deemed non-compliant with the contract if the consumer could reasonably expect the vehicle in this price and model year category to feature these systems.

Analogously, deteriorated battery durability can be qualified as a physical defect if the vehicle does not meet the battery durability requirements resulting from Euro 7 (80% capacity after 5 years / 72% after 8 years).

Although Euro 7 applies from November 2026 for new type approvals, analogous standards may be used by courts as a reference point when evaluating the “normal quality” of goods of this type.

Bearing these risks in mind, the key guideline described by advisors as a fundamental criterion, which is what EV dealer in Poland needs to know, is the necessity to implement a written, pre-purchase information checklist on which the customer confirms with a signature that they have read the technical specifications and legal status of the vehicle before concluding the main contract.

Manufacturer’s Warranty vs. Battery Durability Requirements According to Euro 7

Most EV manufacturers offer a separate, longer warranty for the traction battery—usually 8 years or 160,000 km. The warranty is a voluntary commitment of the manufacturer, and its scope arises from the warranty terms and conditions, rather than from legal regulations.

The Euro 7 standard introduces statutory minimum requirements for battery durability for vehicles type-approved from November 29, 2026.

These are:

• at least 80% of the original capacity after 5 years or 100,000 km,

• at least 72% after 8 years or 160,000 km.

The key distinction is that:

• the manufacturer’s warranty is a contractual instrument and may include specific exclusions,
• Euro 7 durability requirements form part of the vehicle’s statutory type approval compliance.

If a battery fails to meet the applicable parameters during In-Service Conformity testing, the manufacturer may be required to carry out a repair or replacement.

If the manufacturer or importer refuses to take corrective action, the dealer may still be held liable towards the buyer as the seller of the vehicle.

For the dealer, this means that a buyer purchasing an EV after 2027 acquires a vehicle with statutory protection of battery durability—regardless of the terms of the manufacturer’s commercial warranty. If the manufacturer/importer refuses to take corrective actions, the dealer, as the seller, can be held liable under implied warranty for non-conformity of the goods with the contract.

Greenwashing in EV sales – What is Allowed and What Violates the Law

UOKiK and the European Commission are intensifying actions targeting greenwashing in the automotive sector.

EU Regulation 2024/825 (the so-called greenwashing regulation, entering into force in stages starting from 2026) prohibits the use of vague environmental claims without substantial justification.

In the context of EV sales, risky statements include, first and foremost:

• “zero-emission vehicle” — an EV does not emit CO₂ at the place of use and does not burn fossil fuels while driving. However, its overall greenhouse gas emissions and environmental impact depend, among other things, on the source of electricity, battery production, raw-material mining and the vehicle’s full lifecycle. The statement “zero emission” without context can therefore be deemed misleading,
• “eco-friendly”, “environmentally friendly” or “green” without indicating a basis — the greenwashing regulation prohibits such generic sustainability claims starting from 2026.
• “climate neutral” — requires proven compensation of emissions from the full lifecycle of the vehicle; mere electric use is not enough. Any claimed benefit for climate change mitigation must be supported by verifiable evidence.

Claims concerning the carbon footprint of the battery without documentation — from 2025, the requirements of the battery regulation concern carbon footprint reporting; the dealer should not repeat manufacturer claims that they cannot verify.

UOKiK can impose fines up to 10% of the entrepreneur’s annual turnover for using unfair market practices. The penalty can apply to both the manufacturer and the dealer distributing misleading marketing materials.

Compliance Checklist for Electric Car Dealers

• Pre-sale information checklist — including information on the type of approval, presence/absence of GSR2 systems, the scope of the manufacturer’s battery warranty, and territorial limitations. The document must be signed by the buyer before the contract is concluded.
• Clauses in the sales contract — specifying the scope of the provided information and confirming that the buyer has read the limitations. Clauses should be formulated in clear and understandable language—prohibited (abusive) clauses will not be effective against consumers.
• Verification of marketing materials — before publishing advertisements or materials of an environmental nature, verify their compliance with the greenwashing regulation and provisions on unfair market practices. Environmental claims should be supported by current data, lifecycle analysis or other reliable evidence.
• Complaint procedure — internal procedures documenting customer complaints regarding battery durability and safety systems, enabling continuous monitoring of potential systemic defects and reporting them to the importer.

Legal Support for Electric Vehicle Dealers in Poland

The sale and distribution of electric cars may involve complex consumer, regulatory and contractual risks. Early legal review can help dealers, importers and distributors identify potential issues and reduce exposure before vehicles are introduced to the Polish market.

Contact us to discuss the legal aspects of selling and distributing electric vehicles in Poland.

FAQ — EV dealer liability Poland