POLAND Trends and Developments Contributed by: Szymon Gogulski, Marek Oleksyn and Damian Ludwiniak, Sołtysiński Kawecki & Szlęzak
• claim compensation for the loss suffered as a result of the unfair commercial practice, in particu - lar by claiming: (a) cancellation of the contract with an obligation to repay the sums paid to each other; and (b) costs incurred by the trader in connection with the purchase of the product; • require the cessation of the practice; • remedy the consequences of that practice; • make one or more statements of suitable content and form; or • make an order to pay an appropriate sum of money for a specific social purpose related to the promo - tion of Polish culture, the protection of national heritage or the protection of consumers. In relation to the use of an act of unfair competition by a competing trader in the field of advertising, entre - preneurs (competitors) may: • claim compensation for the harm caused on general terms, particularly to demand the contract be rescinded, with an obligation to reimburse the mutual benefit of the services rendered; • claim costs incurred in connection with the pur - chase of the product; • require the cessation of the practice; • remedy the consequences of that practice;, • make one or more statements of suitable content and form; or • make an order to pay an appropriate sum of money for a specific social purpose related to the promo - tion of Polish culture, the protection of national heritage or the protection of consumers.
Action against entrepreneurs who mislabel advertis - ing material can also be taken on the basis of existing self-regulation (in particular, before the Ethics Com - mittee of the Advertising Council). Following the issuance of the recommendations and the adjustment period, the President of the OCCP has initiated more than a dozen proceedings against advertisers and influencers who have not labelled their materials in accordance with the recommendations, including the imposition of fines.
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