EU court to examine Polish advertising regulations amid legal challenges

Poland's efforts to regulate outdoor advertising through "landscape resolutions" are entangled in legal disputes, prompting the Supreme Administrative Court to seek a preliminary ruling from the European Union's Court of Justice. These resolutions aim to improve urban aesthetics by controlling billboards and advertisements, but they have sparked resistance from outdoor advertising businesses and property owners.

The core of the legal challenge lies in the perceived unfairness of these regulations. Critics argue that while local governments impose strict bans and size limitations on advertisements, they simultaneously create exceptions for municipal infrastructure and events. This practice, they contend, unfairly benefits local authorities and distorts fair competition, potentially creating a de facto monopoly on advertising space.

Specifically, the case involves a 2020 resolution from Krakow, which banned certain types of advertisements, including digital screens, in sensitive areas like the Old Town. However, exceptions were reportedly made for municipal projects and public transport stops, where more restrictive ad formats were permitted. Similar concerns were raised regarding advertising on city-owned infrastructure like ticket machines and bike-sharing stations.

Supporters of the resolutions maintain they are necessary to protect spatial order and clear public spaces. However, the ongoing legal battles highlight the tension between local authorities' desire to control urban landscapes and the commercial interests of the advertising industry. The EU court's decision will likely set a precedent for how such regulations are implemented across Poland and potentially other member states.