Below you can find examples of the interesting rulings of the Polish Courts about Unfair Competition Law:
Information on court procedures constitutes a business secret
judgement of the Supreme Administrative Court dated 31 January 2014, docket No. I OSK 2167/13
The Supreme Administrative Court made a statement on publishing daily case lists by the courts as public information.
Transfer of competitor’s employees in the light of article 12 of the Act on combating unfair competition
Judgment of the Appeals Court in Białystok of 12 December 2014, file ref No. I ACa594/14
An entrepreneur of the furniture industry brought an action concerning inter alia conduct of a competitor consisting in transferring employees of the former by encouraging them to change the place of employment.
The sole existence of interest in pursuing protection against the acts of unfair competition is not enough to obtain protection
Judgment of the Court of Appeal in Poznan of 7th august 2014, file ref I ACa 505/14
The claimant was an insurance broker, who asked an insurance company (the defendant) to propose an offer of complex insurance to one of his clients. However, the insurance company refused to conclude agreement with that client three times, because of high loss ratio. The claimant learned later about the fact that another insurance broker working with the defendant has made an offer and concluded the insurance agreement with the same client. The defendant claimed that the situation was the result of computing system error.
Production and technological process as a company secret
Judgment of the Supreme Court of 13 February 2014, file reference V CSK 176/13
In the case in question, an action was brought by a company engaged in production and sales of electric and electronic devices. The complainant stored designs for the devices in electronic form on a company server and only chosen persons had access thereto, including the manager of the Development Department Mr X.
Regulation on “shelf fees” in conformity with the Constitution
Judgment of the Constitutional Tribunal of 16 October 2014, file reference SK 20/12
Having examined the constitutional complaint concerning a ban on hindering entrepreneurs’ access to the market by charging fees other than a margin for taking goods in for sale (so called “shelf fees”). In the judgment passed on 16 October 2014, the Constitutional Tribunal ruled that article 15 section 1 subsection 4 of the Act on combating unfair competition is in conformity with article 20 in conjunction with article 22 of the Constitution of the Republic of Poland, and so it is not contrary to the principle of a public market economy and the principle of economic freedom.
Cash bonus as a „shelf fee” is a violation of article 15 section 1 clause 4 of the Act on Combating Unfair Competition.
Judgment of the Supreme Court of 8 November 2013, file ref I CSK 46/13
The proceedings related to the so called shelf fees, that is fees other than a trade margin, collected by sales networks from distributors for accepting their goods for sale. Collection of such fees is an act of unfair competition provided for in article15 section 1 clause 4 of the Act on Combating Unfair Competition (hereinafter the “ACUC”).
Admissibility of a ruling imposing an obligation on a perpetrator of an act of unfair competition to publish a judgment.
Judgment of the Supreme Court of 17 May 2013, file ref I CSK 499/12
The plaintiff accused the sued wine importer of violating article 10 section 2 of the Act on Combating Unfair Competition by misleading labelling of goods. In addition to claims for stopping and cancelling out the effects of violations, the plaintiff demanded, inter alia, that the defendant be obligated to publish at his/her own expense the judgment passed in the said case in the form of an advertisement in the daily “Rzeczpospolita” on the first page of the supplement “Law every day”.
A consumer has legal interest in demanding that a clause already entered in the register of unlawful clauses be declared unlawful
Judgment of the Supreme Court of 23 October 2013, file ref IV CSK 142/13
In the case in question, the plaintiffs demanded that provisions of a credit agreement indexed to the Swiss franc exchange rate be declared unlawful relating to the way of converting repayments according to the table of exchange rates fixed unilaterally by the bank. The provision of similar content used by another bank has been already entered in the register of unlawful clauses kept by the President of the Office of Competition and Consumer Protection.
Court of Justice of the European Union about credits denominated according to the CHF rate of exchange
Judgment of the EU Court of Justice [“EUCJ“]of 30 April 2014 in the case C-26/13
The Court gave a preliminary ruling on a question raised by the Hungarian Supreme Court concerning interpretation of the regulations of the Council Directive 93/12/EEC of 5 April 1993 on unfair terms in consumer contracts in context of assessing a provision of a credit agreement denominated in Swiss francs setting out the rules for fixing the exchange rate of foreign currency to be used in the performance of such an agreement.
Indexation of credit repayments according to the CHF exchange rate fixed by the bank – abusive clauses in mortgage credit agreements
Judgment of the Regional Court in Szczecin of 7 November 2014, file ref I C 554/14
A mortgage credit agreement was concluded between the plaintiff and the sued bank indexed to the Swiss franc. Due to arrears with credit repayments, the bank terminated the credit agreement and obtained a warrant of execution covering a bank enforcement title against the borrower.
A tourist portal administrator is not responsible for the opinions published by users
judgment of the Federal Court of Justice dated 19 March 2015, docket No. I ZR 94/13
The German Federal Court of Justice stated that an administrator of a tourist portal enabling users to assess hotel facilities is not responsible for negative opinions published by the users.
Mediation of flights on the internet
judgment of the Federal Court of Justice (BGH) of 30. April 2014 , case I ZR 224/12
judgment of the Federal Court of Justice (BGH) of 22. January 2014, case I ZR 218/12
A compulsory health insurance breaches the prohibition to exploit the commercial inexperience of young persons (§ 4 Nr.2 UWG), when they collect extensive personal data in connection with a competition from the participants, which are between 15 and 17 years old, to use them (also) for commercial purposes
Publication of sponsored articles without proper marking constitutes an act of unfair competition provided for in § 4 no. 11 UWG
Judgment of the Federal Court of Justice of 6th February 2014, file ref. I ZR 2/11
Judgment of the Court of Justice of the European Union of 17th October 2013, file ref. C-391/12
The name „ENERGY & VODKA” permissible in the light of the EU law
Judgment of the Federal Tribunal of Justice of 9 October 2014, file reference number I ZR 167/12
The matter of proceedings was an action for stopping violations of the provisions of the Regulation No. 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on food (so called the Health-Claims Regulation) brought by an organization defending interests of the distilling industry, i.e. Schutzverband de Spirituosen-Industrie e.V., against one of the drink distributors.
Advertisement „another pair of glasses gratis” unlawful
Judgment of the Federal Tribunal of Justice of 6 November 2014, file ref I ZR 26/13
The defendant in this case was the optician’s having a network of salons nationwide. In the distributed leaflets, there was information about discount offer for glasses to which another pair of glasses to the value of EUR 89 was added. The action for stopping the use of such marketing methods due to unlawfulness thereof was bought in by the Central Office for combating unfair competition.
A raspberry photo on a raspberry flavoured tea pack may be misleading
judgement of the Court of Justice of the European Union dated 4 June 2015, docket No. C-195/14
The Court of Justice of the European Union stated that a label on a fruit tea suggesting that it contains raspberries and vanilla flowers or aromas derived therefrom where such tea does not contain such ingredients or aromas is misleading.