Ochrona tajemnicy przedsiębiorstwa w postępowaniu przed Prezesem Urzędu Transportu Kolejowego
Protection of business secret in the proceedings before the President of Rail Transport Office

Summary/Abstract: The specific regulation related to the protection of business secret is not included in the Polish Railway Transport Act. Thus the main analysis concerns the interpretation of Article 74 of the Polish Code of administrative proceedings. That provision defines the limit access to case files. Although Article 74 does not directly determine the protection of business secret, the author presents the views of the representatives of administrative law doctrine and the jurisprudence of Polish administrative courts related to above mentioned matter. In accordance with these opinions the business secret should also be protected in the proceedings before the President of Rail Transport Office. The protection of business secret is presented in comparison with the specific regulations concerning that issue in the proceedings before other regulatory authoritities such as President of Office of Electronic Communication, President of Energy Regulatory Office and President of Office of Competition and Consumer Protection. In relation to that the author considers the possibility of amendments in the Code of administrative proceedings or alternatively in Railway Transport Act to remove all legal doubts.

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