Kryteria ustalania minimalnych kosztów działalności usługowej (na przykładzie prywatnego sektora transportu drogowego)
Some criteria for the establishment of minimum operating costs for service activities (on the ex-ample of the private transport sector)

Summary/Abstract: An infringement of EU law within the meaning of article 101 of the TFEU takes place, inter alia, when a Member State requires or tolerates the adoption of agreements contrary to competition law or reinforces their effects, or deprives itself of its own state power by transferring the responsibility for making decisions that affect the economic sphere on private entities (businesses). The case study concerns national legislation pursuant to which the price of road haulage services for hire and reward may not be lower than the minimum operating costs (according to some data Polish haulers are ranked first in the international transport and cabotage). Under domestic law, the mechanisms regulating minimum prices should not conflict with the normative order of the EU. Instead, they should be compatible with EU law, in particular with Article 101 of the TFEU. The protection of road safety and the proper functioning of the carriage of goods by road for hire or reward plays an important role – from the public interest point of view – and requires measures from the EU that should be developed in line with the principle of subsidiarity, with as little red tape as possible, and selected adequately for this purpose.

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