Please see the currently updated information about the Polish regulations related to the legal and business situation of COVID-19 in Poland (the list of discussed issues is presented below and updated on current basis):

1. COVID-19 IN POLAND – LEGAL ASSISTANCE AS USUAL;
2. CHANGES TO THE GOVERNMENT’S DRAFT BILL ON MALL AND SHOPPING CENTRES RENTALS DURING COVID-19 IN POLAND – STATUS AS OF MARCH 27, 2020;
3. RENTAL IN POLISH SHOPPING CENTRES IN CONNECTION WITH THE POLISH LEGAL STATUS RESULTING FROM THE SARS-COV-2 VIRUS EPIDEMIC;
4. AMENDMENTS TO THE POLISH COMMERCIAL COMPANIES CODE DURING COVID-19;
5. LEGAL SOLUTIONS AND ASSISTANCE (AID) PACKAGES IN POLAND TO COMBAT THE EFFECTS OF CORONAVIRUS (COVID-19) – KG LEGAL KIELTYKA GLADKOWSKI IS PREPARING A SPECIAL REPORT;
6. CORONAVIRUS IN POLAND – LEGAL STATUS AND REGULATIONS;
7. THE POLISH PRESIDENT HAS SIGNED THE LAWS CREATING THE “ANTI-CRISIS SHIELD AGAINST COVID-19 EFFECTS”.

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The Polish President has approved of the new regulations created to combat the negative economic effects of COVID-19 in Poland. The new law has entered into force on 1 April 2020. The newly adopted regulations provide support for the Polish economy, enterprises, employers and employees.
The legal sources of the Polish ” anti-crisis shield against COVID-19 effects” are:
1) the Act of March 31, 2020 amending the Act on specific solutions related to the prevention and eradication of COVID-19, other infectious diseases and crisis situations caused by them, as well as some other acts;

2) the Act of March 31, 2020 amending certain acts regarding the health care system related to the prevention, counteracting and combating COVID-19;
3) the Act of 31 March 2020 amending the Act on the system of development institutions.

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At this difficult time, we’d like to reassure you that KIELTYKA GLADKOWSKI remains fully functional and ready to support your business in all legal issues, especially related to COVID-19 emergency situation. We also pursue to provide legal assistance in all sectors of our specialisation as usual.

In all legal matters to streamline the contact with our law firm, call us at: + 48 501 648 500 or email us at office@kg-legal.pl

KIELTYKA GLADKOWSKI legal team

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Emotions do not stop at the end of the legislative work on the draft bill regulating the rental and tenancy contracts in shopping malls in Poland in the era of the COVID-19 crisis. In this case, the Polish government addressed an amendment to its own bill to Polish Parliament, which it put to voting 24 hours earlier.

KIEŁTYKA GŁADKOWSKI KG LEGAL is closely following the legislative process of anti-crisis regulations which the Polish government wants to introduce in Poland to alleviate the economic situation of the COVID-19 crisis, particularly by means of the emergency COVID-19 act (the so-called anti-crisis shield).

One of the economic problems that the Polish government wants to regulate in this way is the issue of rents and rental agreements in retailer shopping malls in Poland (i.e. in large retailer malls of over 2000 m2).

The main problem is the issue of who is to bear the burden (cost) of closing the shopping centres due to the condition of the COVID-19 epidemic announced on March 20, 2020 throughout Poland.

The original draft bill (about which you can read here) assumed that the rents will be covered in 90% by the landlords (e.g. the entity that owns the entire shopping mall). The government’s amendment to the draft anti-crisis law, submitted on March 27, 2020, introduces a completely different solution.

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Pursuant to Article 46 of the Act of 5 December 2008 on preventing and combating infections and infectious diseases in humans (consolidated text Journal of Laws of 2019, item 1239, as amended), the Polish Minister of Health announced epidemic status due to SARS-CoV-2 virus infections from March 20, 2020 until further notice throughout the entire area of the Republic of Poland.

The status of the epidemic was announced by the ordinance of the Polish Minister of Health of 20 March 2020 regarding the announcement of the status of the epidemic in the territory of the Republic of Poland (Journal of Laws No. 491, as amended). The statutory “epidemic state” authorized the Polish government to introduce a special legal situation in the Polish business.

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