Naprawienie szkody niemajątkowej w ramach odpowiedzialności ex contractu
Compensation for non-material damage on a base of ex contract regulations

Summary/Abstract: Polish civil code does not includes regulation of compensation of a non-material damage, that arise of non-performance or improper performance of a contract. On a basis of EU consumer regulations, Court of Justice of the European Union made a judgement on March 12th 2003, resolving that damage incurred by a consumer should be comprehended broadly, including non-material damage, like a loss of enjoyment of the holiday. That decision opened a discussion in Polish jurisprudence, according to possibilities of compensation of non-material damage on a base of ex contract regulations, especially on Article 11a of Polish Tourist Services Act. Dissemination of contracts aimed at satisfying of non-material interests of consumer makes the problem significant. Similar problems occur in regard to non-material damages caused by improper providing of medical services.

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