We asked the National Labour Inspectorate (PIP) what the sale of ceramics will look like during the Bolesławiec Ceramic Festival, which will take place from 15 to 19 August. Let us recall: the 15th is Armed Forces Day and the Assumption of the Blessed Virgin Mary, while the 19th is a Sunday subject to a trading ban.

During the Ceramic Festival, producers of our Bolesławiec golden product record enormous, multimillion-złoty turnover. Will it now fall drastically because of the statutory trading ban?

We give the floor to Małgorzata Łagocka, the regional labour inspector:

The explanations provided so far indicate that organised festivals, fairs and regional celebrations—which includes the Ceramic Festival and the related handicraft market—may be considered covered by the exemption under Article 6(1)(11) of the Act of 10 January 2018 on restricting trade on Sundays and public holidays and on certain other days (Journal of Laws of 2018, item 305). In view of the provision cited above, which states that the ban referred to in Article 5 of the aforementioned Act does not apply “to commercial establishments organised exclusively for the purposes of festivals, fairs and other occasional, thematic or sports and recreational events, including when they are located in market halls”, we believe that there are probable grounds justifying the aforementioned exemption, particularly with regard to commercial establishments organised exclusively for the purposes of a given event.

But she immediately adds:

However, individual cases cannot be ruled out in which an attempt may be made to invoke this exemption and conduct trading activities entirely unrelated to the festival. In such a situation, if this is confirmed and a violation is clearly established, the aforementioned Act provides, pursuant to Article 10(1) thereof, that persons who violate the Act are subject to a fine of between PLN 1,000 and PLN 100,000. Cases concerning the offences referred to above are adjudicated under the procedure set out in the Act of 24 August 2001—the Code of Procedure in Petty Offence Cases. Additionally, Article 218a was added to the Criminal Code, stipulating that malicious or persistent actions violating the provisions of the Act restricting trade are punishable by a fine or a restriction-of-liberty sentence.