Supreme Administrative Court: placing liquor bottles in a shop window might be considered as prohibited advertising and justify license withdrawal

In the case considered by the Supreme Administrative Court (SAC) an entrepreneur placed liquor bottles in a shop window. Trademarks placed on the bottles were visible from the outside. The shop window was used as a rear side of an area designated for sale of alcoholic beverages. Inspection authorities considered such display as prohibited alcohol advertising and started a procedure to withdraw a license since alcohol advertising is prohibited in principle (excluding beer that can be advertised under certain conditions). 

Eventually the license was not withdrawn because the entrepreneur changed a manner of display. The entrepreneur questioned however the rest of the administrative ruling (qualification of display as prohibited advertising) so the case was processed by courts.
 

The SAC in its ruling stated that:

• placing liquor bottles in a window shop might be considered as advertising if the bottles can be seen by anyone who is outside the shop – this is of no relevance that such display is situated inside the shop;

• the intention to popularize trademark is not a part of a definition of advertising alcohol – it is enough that some action in fact popularizes the trademarks;
   
• ​prohibited advertising might be in principal a sufficient reason for a license withdrawal, even if an entrepreneur stopped violating the law. 

The full text of the judgment is available under the following link:
http://orzeczenia.nsa.gov.pl/doc/CE75AAF520