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Dispute 20 May 2020

Poland: Anti-Crisis Shield 3.0 – suspension of court and procedural deadlines lifted

COVID -19 Legal Alert
20 May 2020
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Piotr Wojnar
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act legal Poland

May 16, 2020 was the effective date for most provisions of the so-called “Anti-Crisis Shield 3.0.” The Act lifts the suspension of court and procedural deadlines. When will time limits start to run and how to count them?

Until now, during the coronavirus epidemic, time limits in court proceedings (incl. civil, criminal and administrative ones) have been suspended. This resulted from article 15zzs section 1 of the so-called Anti-Crisis Shield 1.0 to the Act of March 02, 2020 on Special Solutions Related to Prevention and Combating of COVID-19, Other Infectious Diseases and Crisis Situations Arising from them. Anti-Crisis Shield 3.0 revokes the aforesaid provision. Pursuant to article 68 sections 1 and 2 of the amended Act, time limits will start running after 7 days of the Act’s effective date, i.e. on May 24.

Anti-Crisis Shield 3.0 has some legislative deficiencies. The revocation of the suspending provision becomes effective on the day following the Act publication date (i.e. May 16). As a result, there is no legal basis for suspension of time limits between May 16 and 23, 2020. Nevertheless, the lawmaker’s intentions are clear. We believe there is no doubt that time limits will start running on May 24.

It needs to be noted that the terms which have not begun to run at all will start anew. Those which began to run before Anti-Crisis Shield 1.0, and were subsequently suspended, will continue (rather than start once again).

Example 1:
The act suspending time limits came into force as of March 31, 2020. The court delivered a payment order to the defendant on April 15, 2020. The two-week deadline for submission of an objection to the payment order did not start running at all. The new Act came into effect as of May 16, 2020. The term starts running after 7 days of the Act’s effective date. Consequently, May 24, 2020 is the first day of the term. We need to bear in mind that the time limit cannot end on a Saturday or Sunday. In this case, it expires on June 08, 2020.

Example 2:
The court delivered a payment order to the defendant on March 18, 2020. The act suspending time limits came into force as of March 31, 2020. The deadline for submission of an objection is suspended. However, 12 days out of that 2-week term have already passed (March 19-30). Only 2 days are left. The new Act came into effect as of May 16, 2020. The term continues running after 7 days of the Act’s effective date. Consequently, May 24, 2020 is the thirteenth day of the term. It expires on May 25.

Please feel free to contact us for any questions you might have.

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Piotr Wojnar
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act legal Europe - BSWW Legal & Tax

„This Alert is a source of general information for clients and friends of act legal. Its content should not be construed as legal advice, and readers should not act upon the information in this Alert without consulting our lawyers.“

About the authors

Piotr Wojnar

Managing partner

Barbara Szczepkowska

Attorney at law

Barbara consults on bankruptcy and restructuring law. Her expertise also covers civil and commercial litigation.

Marek Miszkiel

Partner

About act legal Poland - BSWW Legal & Tax:

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Piotr Wojnar

Managing partner
act legal Poland BSWW Legal & Tax Warsaw, Poland
Phone: +48 22 420 59 59

Barbara Szczepkowska

Attorney at law
act legal Poland BSWW Legal & Tax Warsaw, Poland
Phone: +48 22 420 59 59

Marek Miszkiel

Partner
act legal Poland BSWW Legal & Tax Warsaw, Poland
Phone: +48 22 420 59 59
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