In its contracts for municipal waste disposal services addressed to the individual customers, the defendant used the following clause: "The contract shall be concluded for an indefinite period of time, unless otherwise decided on the reverse of the contract. The contract may be terminated after a period of 2 years by giving three months notice". The clause constituted an integral part of a unilateral contract of adhesion.
The President of the Office of Competition and Consumer Protection started proceedings in order to determine whether such clause could be prohibited because the clause:
(1) secures the trader's interests;
(2) Imposes on customers a disadvantageous term of the contract; and
(3) Hinders consumers' ability to appropriately go along with rapid market changes.