A new way to calculate the limitation period! Check out the landmark Supreme Court ruling

The Supreme Court is changing the hitherto accepted interpretation of Article 115 of the Civil Code regarding the limitation period expiring on a Saturday or a public holiday.

What was the previous position of the courts?

According to the previous position of the Supreme Court, when the limitation period fell on a Saturday or a holiday, it did not expire until the next working day.

For example, if the limitation period fell on a public holiday, it was possible to take action on the first working day after that day. In such a situation, if the deadline fell on May 3, 2024 (a public holiday), the limitation period expired on May 6, 2024 (Monday).

Change in interpretation of Article 115 of the Civil Code

In a resolution dated May 22, 2024 (Ref: III CZP 21/23), the Supreme Court ruled that Article 115 of the Civil Code does not apply to the expiration of the limitation period. This means that the limitation period will not be extended if the last day falls on a Saturday or a holiday.

Referring to the above example, if the limitation period expired on May 3, 2024, taking action only on May 6 would involve the risk that the debtor would raise the limitation period. Therefore, it would be necessary to take action as early as May 2.

What are the implications of the new interpretation?

Due to the change in interpretation of Article 115 of the Civil Code. For example, it will be necessary to file a lawsuit no later than the last day of the limitation period, even if it falls on a Saturday or a holiday. Postponing taking action until the next working day may result in the debtor raising the limitation period and, as a result, even dismissing the lawsuit.

Although the change in the interpretation of Article 115 of the Civil Code is significant, its impact on legal practice will be limited.

Why?

• First, actions involving the filing of a letter (e.g., in a lawsuit) can also be filed on non-working days using the Polish Post.
• Second, according to the current wording of Article 118 § 2 of the Civil Code, the end of the limitation period is on the last day of the calendar year. Unless the limitation period is less than two years. This means that the limitation period expires on December 31, regardless of the day of the week.

The change will therefore mainly be relevant to the few limitation periods that are for carriage of passengers and goods, forwarding and warehousing contracts, or the six-month deadline for claims for damage to an item brought into a hotel.

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