Unfair competition law, case III CZ 12/07

March 15th, 2008, Tomasz Rychlicki

The Supreme Court in its order of 8 March 2007 case file III CZ 12/07 held that both claims that are defined in the provisions of Article 18 of the Polish Act of 16 April 1993 on Combating Unfair Competition – CUC – (in Polish: ustawa o zwalczaniu nieuczciwej konkurencji), published in Journal of Laws (Dziennik Ustaw) No. 47, item 211, with subsequent amendments, are of financial nature. These are the claim to relinquishment of prohibited practices, and the claim to make one or repeated statement of appropriate content and form. The Court also ruled that an appeal fee against the judgment which set the final fee for filing a suit, should be in an amount equal to the amount of the final fee, the fee is deemed as “fixed fee” according to the rules of the Polish civil proceedings.