Abstract

The Polish legislature chose to implement Article 9(1) of the Damages Directive (the non-cross-border effect of decisions) in Article 30 of the Act on claims for redressing damage caused by infringement of competition law. As to Article 9(2) of the Directive (a cross-border effect of national decisions), constituting a minimum harmonisation clause, it was decided not to change Polish procedural rules at all since it is believed that the minimal solution is already part of Polish procedural law in the form of Article 231 of the Code of Civil Procedure regarding a „factual presumption”. The article attempts to evaluate practical importance of newly introduced legal rules, to propose how they are to be interpreted and to assess whether Article 9 of the Directive has been correctly transposed into Polish law.