The impact of Directive 2005/29/EC on Polish law on combating unfair competition

1. Auflage 2025
ISBN: 978-3-631-93348-0
Verlag: Peter Lang GmbH, Internationaler Verlag der Wissenschaften

Buch, Englisch, Band 42, 358 Seiten, Format (B × H): 148 mm x 210 mm, Gewicht: 531 g

Reihe: Ius, Lex et Res Publica

Polish law on combating unfair competition is influenced by EU law. This influence is so significant that it requires a new and comprehensive look at Polish solutions. The aim of the conducted research was to analyse the problems encountered in Polish law in relation to the implementation of Directive 2005/29/EC on unfair commercial practices. This directive plays a key role for all considerations, as it introduced a new approach to the way of transposing the provisions on combating unfair competition. Unlike previous acts, the Directive adopted a maximum standard of harmonization and left Member States with little discretion in its implementation. This has led to numerous interpretative uncertainties also in relation to existing national provisions aimed at protecting fair competition. Finding a single solution for all Member States is a major challenge not only for the EU legislator, but even more for national legislators.

Autoren/Hrsg.

Kepinski, Jakub

Weitere Mitwirkende

Janusz-Pohl, Barbara

Inhaltsverzeichnis

Introduction - Chapter I. Sources of European law and an attempted harmonisation of European law against unfair competition practices - Chapter II. The subject matter and scope of the Act on Combatting Unfair Competition - Chapter III. The scope and objectives of the Act on Counteracting Unfair Market Practices - Chapter IV. Bonus sales under Polish law against unfair competition - Chapter V. The impact of the CJEU's case law on the interpretation of the prohibition on bonus sales under Polish law - Concluding remarks

Über Autor(innen)

Jakub Kepinski is a professor at the Faculty of Law and Administration at Adam Mickiewicz University in Poznan. His main area of research is intellectual property law, including the law on combating unfair competition. He teaches law to Polish and foreign students and has authored 2 monographs as well as over 100 publications.