Odstąpienie od wykonania świadczenia w świetle art. 138 Kodeksu wykroczeń – glosa do postanowienia SN z 14 czerwca 2018 r., II KK 333/17
Commentary on the Decision of the Supreme Court of 14 June 2018, Case No. II KK 333/17 (Withdrawal From Providing Services in the Light of Article 138 of the Code of Petty Offenses)

Summary/Abstract: This article is a partially critical commentary on the Supreme Court’s decision concerning the refusal of providing services to an LGBT foundation due to its activities. The commentary covers two main issues. First, the relation between freedom of contract and anti-discrimination regulation. In the author’s opinion, Article 138 of the Code of Petty Offenses concerns the non-contractual obligation to perform a service, which - at the date of the judgment - applied to every service provider of a given type. The second issue is the conflict between the freedom of conscience and the right to equal treatment. The author believes that freedom of conscience also includes the right to refuse to perform a service that promotes behavior contrary to the values professed by the service provider.

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