Legal Literature

Injunctions Directive, Article 1, 2.

The author describes the implementation of art. 1 s. 2 of Directive 2009/22/EC into art. 24 of the Polish Act on Competition and Consumer Protection.
The problem of minimum harmonization of Directive 2009/22/EC with national legislation is discussed by the author. In the author’s view, it is acceptable that the Polish rules relating to the infringement of collective consumer interests extend the scope of the violations prohibited by the directives listed in Annex I to Directive 2009/22/EC.
The implementation problems discussed by the author include, inter alia, the issue of whether infringements of collective consumer interests may be caused by the omission or literal interpretation of the word “practice” used in art. 24 s.. 1 of the Act of Competition and Consumer Protection in the light of art. 1 of Directive 2009/22/EC.
In the view of the author, the Polish implementation of art. 1 s. 2 of Directive 2009/22/EC fulfills the objectives pursued by this regulation.