The Judgment of the Polish Constitutional Tribunal of 23 June 2015 (no. SK 32/14) – Case Note (Partially Approving)

Abstract

On 23 June 2015 the Polish Constitutional Tribunal issued the following judicial decision: “The provision of Article 79.1 (3b) of the Polish Act of 4 February 1994 on copyright and related rights1, in the way in which it entitles the right holder whose economic copyrights have been infringed to make request for remedy of the inflicted damage by payment, where the infringement is culpable, of triple the amount of the respective remuneration that would have been due as at the time of claiming it in exchange for the right holder’s consent for the use of the work, shall be deemed unconstitutional as it is inconsistent with Article 64.1 and 2 in relation to Article 31.3 in relations to Article 2 of the Polish Constitution”2.