HomeIco

Home

 GlobalIco

Global

 ContactIco

Contact
de|en|pl

We use cookies to personalise the website and offer you the greatest added value. They are, among other purposes, used to analyse visitor usage in order to improve the website for you. By using this website, you agree to their use. Further information can be found in our data privacy statement.
Good to know Contractual advantage in trade in agricultural and food products

Contractual advantage in trade in agricultural and food products

PrintMailRate-it

by Alicja Szyrner

6 June 2022


The Act on Counteracting the Unfair Use of Contractual Advantage in Trade in Agricultural and Food Products provides for certain prohibitions to be imposed on suppliers and buyers of agricultural or food products, as well as products processed using such products. 

Contractual advantage


A practice will be considered prohibited if it is used in a contractual advantage relationship. Contractual advantage occurs when there is a large disproportion in economic potential between the parties. The statute presumes that this is the case when the parties show the following turnover:


SUPPLIER / BUYER
​BUYER / SUPPLIER
​below EUR 2 million
​over EUR 2 million
​from EUR 2 million to EUR 10 million
over EUR 10 million
​from EUR 10 million to EUR 50 million
​over EUR 50 million
​from EUR 50 million to EUR 150 million
​over EUR 150 million
​from EUR 150 million to EUR 350 million
over EUR 350 million


Prohibited practices


Prohibited practices include:
  • payment after specified deadlines; 
  • order cancellation by the buyer less than 30 days before the expected date of delivery of perishable products;
  • unjustified reduction of payments due for delivery of products after their acceptance by the buyer.

Liability


The above described practices, even if committed unintentionally, are punishable by a fine of up to 3% of turnover. Therefore, if you trade in agricultural and food products (as a supplier or as a buyer), we recommend that you verify your contractors to make sure that no contractual advantage is used, and review your contracts and practices.

If you have any questions, please contact Rödl & Partner experts.


Legal basis:
Act of 17 November 2021 on Counteracting the Unfair Use of Contractual Advantage in Trade in Agricultural and Food Products.

Contact

Contact Person Picture

Rafał Szymański

Attorney at law (Poland)

Senior Associate

Send inquiry

Profile
Skip Ribbon Commands
Skip to main content
Deutschland Weltweit Search Menu