Shelf fees – how has case law changed?

Anita Woroniecka

In the past, simply charging a fee was sufficient to prove a violation of the law. Today, in light of the new line of case law, the burden of proof rests with the claimant. It is the supplier who must prove that the fee:

• Did not correspond to the actual value of the services.
• Was imposed on them and was not the result of negotiations.
• Effectively hindered their access to the market.

Recent court rulings confirm this evolution. Our law firm successfully concluded a case before the Court of Appeal in Poznań, thanks to which the client avoided paying nearly PLN 10 million! This ruling is further proof that the courts are striving to strike a balance between protecting the weaker party and the freedom to shape the terms of cooperation.

Anita Woroniecka writes about the details of case law on shelf fees in her article for Rzeczpospolita.

We invite you to read it!

Please let us know at biuro@sendero.pl if you are interested in this or any other content translated into English or German.