Legal Literature

  • Legal Literature Details
    • Member State: Poland
    • Title: Aggressive sales in the context of Article 9 of the Act on Combating Unfair Commercial Practices.
    • Subtitle:
    • Type: article
    • URL:
    • Author: WENCEL, E.
    • Reference: Przegląd Prawa i Administracji, 2015, no 101. pages 243-254.
    • Publication Year: 2015
    • Keywords: aggressive commercial practices, national law, unfair commercial practices
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Article 5, 4. Unfair Commercial Practices Directive, Chapter 2, Article 5, 4., (b) Unfair Commercial Practices Directive, Chapter 2, Section 2 Unfair Commercial Practices Directive, Annex I Unfair Commercial Practices Directive, link
  • Headnote
    The article describes aggressive sales as defined by Article 9 of the Act on Combating Unfair Commercial Practices, implementing Directive 2005/29/EC of the European Parliament and the Council of 11 May 2005 into the Polish legal system.

    The article analyses aggressive commercial practices as defined by Polish law. The author explains the legal nature of full harmonization, which is characteristic for Directive 2005/29/EC. EU member states cannot introduce any regulation which may have a negative impact on the effectiveness of the Directive.

    The author also analyses the practical aspects of combating aggressive commercial practices in sales and provides information about such practices used in distance and off-premises contracts. The article considers the coherency of Polish regulations. The author suggests that the provisions of Directive 2005/29/EC should have been implemented into the Act on Combating Unfair Competition. The main purpose of this would be to create one coherent system for combating unfair competition
  • General Note
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