Literatura prawnicza

Unfair Commercial Practices Directive, Chapter 4, Article 13

The article offers the author’s construal of Art. 12(1)(4) of the Act of 23 August 2007 on counteracting unfair commercial practices. The author presents the body of legal scholarship hitherto gathered, as well as a selection of court rulings issued pursuant to said provision. With the Constitutional principle of consumer protection as the point of departure, and with the pro-EU interpretation used as guidance, the author emphasises the need to apply said legal provision as a natural restitution under the law of damages. The author also points to the litigious consequences of such interpretation.