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Dr hab. Elżbieta Klat-Górska
ORCID: 0000-0003-3341-0930

Professor at the University of Wrocław, a research and teaching employee at the Department of Civil Law and International Private Law at the Institute of Civil Law at the Faculty of Law, Administration and Economics of the University of Wrocław and a member of the Self-Government Board of Appeals in Wrocław.

 
DOI: 10.33226/0137-5490.2023.5.5
JEL: K23

Supreme Administrative Court takes the position that from the provisions of the Act on upbringing in sobriety and counteracting alcoholism, it is not possible to derive a prohibition on the sale of alcoholic beverages by the entrepreneur from the point of sale specified in the permit by electronic means of communication. This view cannot be accepted, first of all, due to the applicable provisions of public and private law, and in particular for the purposes of rationing of the sale of alcoholic beverages. At the same time, from the considerations of the Supreme Administrative Court in the justification of the judgment under review, it appears that its source was primarily the faulty identification of the form of the legal act, which is the form of the sales contract, with the manner in which the buyer chooses a contractor. The purpose of the gloss is to critically address the SAC's interpretation of the legal provisions that form the basis for rationing the sale of alcoholic beverages by an entrepreneur.

Keywords: alcohol sale agreement; permission to sell alcoholic beverages; business activity; form of the sale agreement; place of sale