Legislator Case Law & Legislation
III SK 31/04 AI generated

Polish Supreme Court upheld a fine for late information submission in competition proceedings, rejecting the argument that late compliance avoids penalties.

Case Number III SK 31/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Polish Supreme Court dismissed Telekomunikacji Polskiej SA's cassation appeal against a fine imposed by the Competition and Consumer Protection Office for failing to provide requested information within the statutory deadline. The company argued that submitting the information after the deadline but before the fine was issued should exempt them from the penalty. The court rejected this, ruling that the legislative intent of the Competition Act requires strict adherence to deadlines to ensure the effectiveness of administrative proceedings and the preventive function of the fine.

Legislator headnote

AI generated

Art. 101 ust. 2 pkt 2 lit. b ustawy o ochronie konkurencji i konsumentów; Art. 45 ust. 2 ustawy o ochronie konkurencji i konsumentów: A monetary fine for failing to provide requested information applies even if the information is submitted late after proceedings have commenced, as the penalty serves a preventive and disciplinary purpose requiring strict compliance with deadlines.

Keywords

AI generated
Competition Act Monetary Fine Late Information Administrative Proceedings Systematic Interpretation Preventive Function Compliance Deadline

Cited Legislation

AI generated
Art. 101 ust. 2 pkt 2 lit. b of the Act on Protection of Competition and Consumers
Art. 45 ust. 2 of the Act on Protection of Competition and Consumers
Art. 393 of the Code of Civil Procedure
art. 9 k.p
art. 7 k.p
art. 164 k.p.c

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