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Book Synopsis

Polish law on combating unfair competition is influenced by EU law. This influence is so significant that it requires a new and comprehensive look at Polish solutions. The aim of the conducted research was to analyse the problems encountered in Polish law in relation to the implementation of Directive 2005/29/EC on unfair commercial practices. This directive plays a key role for all considerations, as it introduced a new approach to the way of transposing the provisions on combating unfair competition. Unlike previous acts, the Directive adopted a maximum standard of harmonization and left Member States with little discretion in its implementation. This has led to numerous interpretative uncertainties also in relation to existing national provisions aimed at protecting fair competition. Finding a single solution for all Member States is a major challenge not only for the EU legislator, but even more for national legislators.

The impact of Directive 200529EC on Polish law on combating unfair competition

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    View other formats and editions of The impact of Directive 200529EC on Polish law on combating unfair competition by

    Publisher: Peter Lang GmbH, Internationaler Verlag der Wissenschaften
    Publication Date: 1/11/2025
    ISBN13: 9783631933480, 978-3631933480
    ISBN10: 3631933487
    Also in:
    Civil codes / civil law

    Description

    Book Synopsis

    Polish law on combating unfair competition is influenced by EU law. This influence is so significant that it requires a new and comprehensive look at Polish solutions. The aim of the conducted research was to analyse the problems encountered in Polish law in relation to the implementation of Directive 2005/29/EC on unfair commercial practices. This directive plays a key role for all considerations, as it introduced a new approach to the way of transposing the provisions on combating unfair competition. Unlike previous acts, the Directive adopted a maximum standard of harmonization and left Member States with little discretion in its implementation. This has led to numerous interpretative uncertainties also in relation to existing national provisions aimed at protecting fair competition. Finding a single solution for all Member States is a major challenge not only for the EU legislator, but even more for national legislators.

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