Point of law: whether a court may substitute an administrative fine imposed upon entrepreneur with the suspension of activity (considered by law as a more strict punishment), based only on the entrepreneur’s own desire?

Alternative attitudes: 1) the court may not do so – some additional circumstances which aggravate the entrepreneur’s responsibility must be found; or 2) such substitution is possible with due regard to particular circumstances of the case, the material and financial situation of the entrepreneur, and the lack of aggravating circumstances.

Ratio decidendi: the first approach is legally correct. Practical consequences: the Judgment does not provide for the possibility to reverse inconsistent court decisions in prior analogous cases by virtue of Art 311 of the Commercial Procedure Code. Therefore, its ratio decidendi has only prospective force.