The Competition and Consumer Protection Act P 19/17
Ref. No. <link s p-1917>P 19/17
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 16 January 2019
The Constitutional Tribunal, composed of:
Leon Kieres – Presiding Judge
Justyn Piskorski – Judge Rapporteur
Julia Przyłębska
Piotr Pszczółkowski
Piotr Tuleja,
Recording Clerk – Krzysztof Zalecki,
having considered, at a hearing on 16 January 2019 – in the presence of the Sejm and the Public Prosecutor-General –a question of law referred by the Court of Appeal in Warsaw as to whether:
Article 105n(4), second sentence, of the Competition and Consumer Protection Act of 16 February 2007 (Journal of Laws – Dz. U. of 2017 item 229, as amended) is consistent with Article 45(1), Article 78 and Article 176(1) of the Constitution,
adjudicates as follows:
Article 105n(4), second sentence, of the Competition and Consumer Protection Act of 16 February 2007 (Journal of Laws – Dz. U. of 2018, items 798, 1637, 1669 and 2243) is inconsistent with Article 78 in conjunction with Article 45(1) of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
pursuant to Article 59(1)(2) of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U., item 2072), to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Leon Kieres
Justyn Piskorski
Julia Przyłębska
Piotr Pszczółkowski
Piotr Tuleja