On April 5, 2011 the Constitutional Tribunal examined the legal question raised by the Voivodeship Administrative Court in Gdańsk relating to withdrawal of permit for sale of alcohol.
 
The Tribunal decided that it was compliant with the Constitution to cancel a permit for sale of alcohol issued for an entrepreneur whose employee has sold alcohol to an underage buyer even if the entrepreneur has fulfilled all its duties in order to ensure that its employees observe the statutory prohibition of sale of alcohol to underage buyers.

The Tribunal decided that the principle of freedom of economic activity is not absolute and may be restricted when it comes to other values protected by the Constitution. In the opinion of the Tribunal, although cancellation of the permit is a severe measure against an entrepreneur it is an action necessary to ensure that the prohibition of sale of alcohol to underage buyers is observed.

Contact person: Lech Gniady, lg@pnplaw.pl, Peter Nielsen and Partners Law Office