After-sale rebates – important resolution of Polish Supreme Court

In reply to a legal issue presented by a court of appeals, the Supreme Court passed a resolution concerning the so-called ban on slotting fees provided for in the Act of 16 April 1993 on combating unfair competition (text in: ISAP). The Supreme Court stated in the resolution as follows: “In commercial dealings between a buyer who runs a chain of stores and a supplier, it shall not be ruled out that a contractual cash bonus tied to volume is considered to be an after-sale rebate not regarded as the fee referred to in Art. 15.1.4 of the Act of 16 April 1993 on combating unfair competition.”

Slotting fees have been the subject of numerous rulings by Polish common courts, including the Supreme Court, for several years already. These statutory provisions were also assessed in the context of the Polish Constitution by the Constitutional Tribunal in its judgment of 16 October 2014 (case no. SK 20/12). See more in PUBLICATIONSSwoboda dostępu do rynku a swoboda kontraktowania w kontekście zakazu „opłat półkowych”…


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