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Alcoholic drinks and pedestrians

In principle Polish law prohibits any advertisements of alcoholic beverages. So far, it was a popular practice to use the statutory exception, according to which prohibition of advertising does not include advertising and promotion of  alcoholic beverages inside wholesale firms, separated stands or points that only sell alcoholic beverages. Shop owners put bottles with the mark of manufacturer in shop-window, recognizing such action as statutory exception. This practice probably will change due to the latest judgement of the Supreme Administrative Court of 13 July 2017 (II GSK 982/17).

In accordance with the facts, upon which the Supreme Administrative Court issued the judgement, store put bottles with the mark of manufacturer in shop-window, in such way that it was visible for passers-by. The city office employees, during the control, considered that it is unlawful. In their opinion trademarks were no longer visible after putting foil matte on the shop’s windows, which was considered to be correct.

The Court emphasized that such activity of entrepreneur consisting of exhibiting alcoholic beverages, which are the subject of sales, on shop-window is the advertisement of these beverages in meaning of the Act on upbringing in sobriety. Moreover, the Court pointed out that due to the visibility of alcohol’s trademarks from outside, shop owners cannot use the statutory exception.

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