@misc{Maryniak_Adrian_Zwalczanie_2022,
 author={Maryniak, Adrian},
 copyright={Copyright by Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego, 2023},
 address={Wrocław},
 howpublished={online},
 year={2022},
 publisher={E-Wydawnictwo. Prawnicza i Ekonomiczna Biblioteka Cyfrowa. Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego},
 language={pol},
 abstract={The purpose of the gloss was to discuss the judgment of the Court of Justice delivered on 1 June 2017 in Case C-330/16 Piotr Zarski vs. Andrzej Stadnicki and to present the issue of counteracting excessive delays in commercial transactions. In particular, the institution of compensation for recovery costs was analysed. Reference was made to both the statutory content and the case law of Polish common courts. The gloss also discussed the effectiveness of the institution of compensation and its problems. The aspect of the Act’s popularity and the inconsistent line of rulings by Polish courts raising doubts among creditors as to the application of the law was raised. A broad spectrum of cases related to the application of compensation is presented with particular emphasis on the often erroneous interpretation of the Act’s provisions in relation to compensation for recovery costs and the notorious omission of the sine qua non condition for a creditor to demand it. To discuss the presented problem mainly the judgements of Polish common courts and the literature on the subject, both domestic and foreign, were used. The analysis of the topic has led to results that explain many aspects of the problem of late payments in commercial transactions. It is worth noting that the introduction of provisions on compensation has not had a positive impact on shortening payment periods in commercial transactions. In addition, it has been demonstrated that the judgment of the Court of Justice in this case was of considerable significance in the context of contracts concluded before the entry into force of the act transposing Directive 2011/7/EU into the Polish legal system. An in-depth analysis of the presented judgment and the Directive led to the conclusion that only agreements concluded before the entry into force of the above Directive are allowed to be excluded from the scope of application of the discussed provision.},
 title={Zwalczanie opóźnień w płatnościach w transakcjach handlowych na przykładzie opóźnienia w płatności czynszu najmu. Glosa do wyroku Trybunału Sprawiedliwości z dnia 1 czerwca 2017 r. w sprawie C-330/16 Piotr Zarski przeciwko Andrzejowi Stadnickiemu},
 type={text},
 doi={10.34616/144222},
 keywords={compensation, recovery costs, delays in commercial transactions, commercial transactions, rent},
}