AGGRESSIVE SALE IN THE CONTEXT OF ARTICLE 9 OF THE ACT ON COMBATING UNFAIR COMMERCIAL PRACTICES
The subject of the article is an analysis of aggressive sale in the context of Article 9 of the Act on Combating Unfair Commercial Practices, which has implemented Directive 2005/29/EC of the European Parliament and the Council of 11 May 2005 into the Polish legal system. The study describes the aggressive commercial practices connected with sale regarded as unfair in all circumstances and presents the practical application of those practices. Moreover, the contribution sheds light on aggressive practices being used by traders while concluding distant and off-premises contracts.
Among the issues being discussed is the full harmonization nature of Directive 2005/29/EC. Given this, the member states cannot introduce regulations with a lower level of protection and as well raise the protection level above that stipulated in Directive 2005/29/EC. The study also suggests that the Polish lawmakers should have implemented Directive 2005/29/EC into the Act on Combating Unfair Competition to create a coherent system of protection against unfair competition.