Nie śpij, bo cię umorzą – o znaczeniu nowego brzmienia art. 182 k.p.c. słów kilka
Don’t sleep or the case will be dismissed – a few words about the importance of the amended art. 182 CPC

Author(s): Julia Cholewka
Contributor(s): Maja Dziubak (Translator)
Subject(s): Civil Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: stay of proceedings; interim provisions; discontinuation of suspended proceedings; suspension of proceedings; discontinuation of proceedings
Summary/Abstract: The amendment of the Polish civil procedure introduced in July of 2019 has significantly reduced the time limit for issuing a motion to resume suspended proceedings. What has created most difficulties to litigants was not the reduced time limit itself, but the interpretation of the interim provisions, due to the fact that most amended articles were to come into force on 7 November 2019, whereas the regular two-week vacatio legis period was to hold for others. The amended art. 182 CPC belonged to the latter group and therefore was to come into force on 21 August 2019. The interim provisions of the amending act set out, in turn, that to cases instituted and in progress before the date the said act was to come into force, and which remained suspended on this date, new time frames shall be applied starting from the date of the act’s coming into force. It was not entirely clear whether “the date the act comes into force” was to be interpreted as 7 November 2019 (the actual date the act was to come into force) or 21 August 2019 (the date the amendment of art. 182 CPC was to come into force). The doubts were dispelled only by the Supreme Court which ruled that the effects described in art. 182 § 1 point 4 CPC with respect to proceedings initiated and suspended before the date the amendment came into force applied only starting from 7 November 2019. Thus the same conclusion can be applied to art. 182 CPC in its entirety based on analogy.

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