Werbung

Directive 2005/29/EC was implemented in Polish law by the Unfair Commercial Practices Act (UCPA) adopted on 23 August 2007. The Polish legislator chose to regulate unfair commercial practices in B2C relations in a separate act, outside of the Act on Combating Unfair Competition (ACUC) which until UCPA’s adoption had been the cornerstone of Polish unfair competition law.
Rafal Sikorski discusses the specifities of the Polish way of implementation: the transposition in two different acts which reflect the divergent positions of the consumers and the competitors; the legal definition of an "average consumer" in Art. 2(8) of UCPA; the introduction of a new general clause of unfair competition in Art. 4; the granting of remedies directly to consumers resulting in an "actio popularis" for combatting unfair commercial practices. (Article published in MR-Int 2/09, p. 51 ff) >>> article for download

Dr. Rafal Sikorski is a graduate in law from the Faculty of Law and Administration of Adam Mickiewicz University in Poznan. He obtained an LL.M. in International Business Transactions at Central European University in Budapest. Since 2005 he holds a PhD in law. Currently Dr . Sikorski lectures at the Department of European Law at the University of Adam Mickiewicz in Poznan. His publications focus on copyright and neighbouring rights and in particular on the protection of databases. Dr Sikorski is also a practising attorney-at-law and a partner at Sojka&Maciak LLP in Poznan, Poland.