Krytyka Prawa. Niezależne Studia nad Prawem
Zmieniające się przepisy dla winnic butikowych w Polsce
Akademia Leona Koźmińskiego
Abstract
Despite unfavourable weather conditions for the development of vines in Poland, the number of vineyards, especially small, so-called “boutique” vineyards, is growing exponentially. The aim of the article is to show how the changing Polish and EU law helps or creates barriers for running this type of vineyards. The evalua-tion of wine market regulation from the point of view of the criterion of economic freedom and competition law is the main research objective of the study, and the formulated theses are referred to in the conclusions in the conclusion. The article is based on the sources, which were the laws and regulations in force between 1948 and 2022. The regulations creating barriers to the operation of boutique wineries include, among others, the regulations contained in the “Wine Act” of 2004 imposing a requirement on winery owners to have their own laboratory facilities, appropriate technological lines or obtain permits from the Minister of Agriculture. The current regulations are less restrictive for small wineries, which does not change the fact that there are still a number of barriers to their operation