Potential and Hurdles for the CJEU’s Jurisprudence in Domestic Legal Orders : a Polish Case Study

European contract law and the creation of norms / edited by Stefan Grundmann, Mateusz Grochowski. Cambridge ; Antwerp ; Chicago : Intersentia, 2021, s. 269-304.

Transpozycja dyrektywy Parlamentu Europejskiego i Rady UE 2019/771 z dnia 20 maja 2019 r. w sprawie niektórych aspektów umów sprzedaży towarów

Kwartalnik Prawa Prywatnego 2021, t. XXX, nr 4, s. 915-934.

Współautorstwo: Zoll, Fryderyk; Południak-Gierz, Katarzyna; Bańczyk, Wojciech

The Member States should adopt and publish measures necessary to implement Directive 2019/771 on the sale of goods by 1 July 2020 and apply these from 1 January 2022. The Polish Government Legislation Centre published a draft act implementing both Directive 2019/770 and Directive 2019/771 in late December 2020. The proposal was widely criticized by the judiciary, consumer organizations and legal scholars. During a series of open seminars by the Jagiellonian University an academic proposal of an act implementing both directives was prepared. First, the article focuses on the implementation of Directive 2019/771. It aims at presenting the main weaknesses of the ministerial project which render the eventual adoption of this draft act detrimental both for private law subjects (equally consumers and sellers) and for the Polish private law system. The key objection concerns the decision to implement the directive in a separate act (Act on consumer rights of 30 May 2014) rather than within the Civil Code. The apparent obstacles for the implementation of the directive within the Civil Code are challenged. Second, the core ideas behind the academic draft are discussed, focusing on why and how Directive 2019/771 should be implemented within the Civil Code.

"Corona Contract Law” in Poland : When Pandemic Meets Politics

Coronavirus and the law in Europe / edited by Ewoud Hondius, Marta Santos Silva, Andrea Nicolussi, Pablo Salvador Coderch, Christiane Wendehorst, Fryderyk Zoll. Cambridge ; Antwerp ; Chicago : Intersentia, 2021, s. 219-242.

This contribution presents and critically evaluates the impact of the COVID-19 pandemic on Polish contract law. Since the government refrained from introducing a state of emergency to manage the pandemic in Poland in violation of the Constitution, the constitutional dimension of the COVID-19 measures is of crucial importance for examination of the contract law, as it substantially changes the position of the parties in private law relations. The contribution therefore gives an overview of the measures introduced as a response to the COVID-19 emergency in the constitutional context and presents the classic Polish private law instruments potentially applicable to contracts in extraordinary circumstances like pandemic, as well as the extraordinary legislation introduced by the government in the area of contract law, with a view to addressing the pandemic. It ends by presenting the first cases initiated by private parties against the State Treasury.

Consumer Law in Poland : Or There and Back Again

Współautorstwo: Grochowski, Mateusz

The Making of Consumer Law and Policy in Europe / Hans-W. Micklitz (ed.) – Oxford: Hart Publishing, 2021, s. 193-234.