Unfair competition, case III CZP 58/09

September 20th, 2009, Tomasz Rychlicki

The Supreme Court in its order of 19 August 2009 case file III CZP 58/09 interpreted the provisions of Article 18(1) pt 5 of the Polish Act of 16 April 1993 on Combating Unfair Competition – CUC – (in Polish: ustawa o zwalczaniu nieuczciwej konkurencji), Journal of Laws (Dziennik Ustaw) No. 47, item 211, with subsequent amendments. The Court ruled that a party who has suffered fees, other than commercial margin for acceptance of goods for sale (the so-called shelves’ charges) may require return improperly received benefits in this way.