Abstract

The article offers the Author’s construal of Art. 12(1)(4) of the Act of 23 August 2007 on combating unfair commercial practices. The Author presents the body of legal scholarship hitherto gathered, as well as a selection of court rulings issued pursuant to the said provision.With the Constitutional principle of consumer protection as the point of departure, and with the pro-EU interpretation used as guidance, the Author emphasizes the need for applying the said legal provision as a natural restitution under the law of damages. The Author also points to the litigious consequences of such interpretation.