Abstract

The publication presents the problems of the duty under the EU laws to notify legal acts, explains legal consequences of a breach of this duty, and provides and assessment whether the relevant provisions of the Polish Gaming Act are of a technical nature. The key part of the publication refers to the liability of a Member State for faulty omission of refusal to apply a national regulation. The analysis has been carried out both with reference to the EU law, combined with the evaluation whether faulty omission of refusal to apply a regulation constitutes infringement of a subjective right or a procedural right, as well as with reference to the Polish law. As regards the latter, in particular the subjective scope of being bound by the duty of refusal to apply a national regulation and the potentially applicable legal basis for the liability of State Treasury for faulty omission of refusal to apply a national regulation have been contemplated.