Abstract

On 19 March 2021, a successive Regulation of the Council of Ministers was issued, the purpose of which was to introduce certain restrictions, orders and prohibitions in connection with the outbreak of SARS-CoV-2 within the territory of the Republic of Poland. The regulation introduced the fourth lockdown of shopping malls, thus significantly limiting the right to conduct business, and in particular affecting the rights and obligations of entrepreneurs conducting commercial activities in shopping malls. It also topicalised the question as to the possibility of reapplying vague Art. 15ze of the Act on special arrangements for the prevention, combating and control of COVID-19, other communicable diseases and related emergency situations. The purpose of the article is to discuss the extent and significance of the restrictions introduced during the epidemic for the conduct of business activity by lessees of commercial space in shopping malls.