Abstract

The gloss discusses the Supreme Court judgment of 19 November 2024, II CSKP 1949/22, in which the Supreme Court confirmed that a contractual penalty for failure to meet the deadline can only be reserved in the event of the debtor’s delay, and not a delay without fault.
The author of the gloss compares this position with the current inconsistent judicial practice, and also expresses a critical opinion as regards the narrow scope of the arguments presented by the Supreme Court. The author also refers to the issue of admissibility of a contractual extension of liability pursuant to Art. 473 § 1 of the Civil Code and the relationship between the contractual penalty and the warranty reservation. The gloss also analyses, in practical terms, the impact of the judgment on the legal situation of contractors implementing contracts concluded under the Public Procurement Law - both the one currently in force, introduced by the Act of 2019, and the one of 2004, which has been repealed.