Proceedings in Commercial Cases During Covid-19 Epidemic

Under Polish law, cases involving entrepreneurs are regulated in separate proceedings in commercial cases. During Covid-19 epidemic these cases were covered by the episodic provision of Articles 15zzs(1), 15zzs(2) and 15zzs(7) of the Covid-19 Act. Those articles introduce material changes to the civil proceedings. First of all, they exclude collegiality in common courts’ decision-making. Secondly, they significantly limit the openness of the proceedings. The experience gathered during the Covid-19 epidemic shows that separate proceedings in commercial cases which were implemented in 2019 have not fulfilled the expectations. They are considered to be too formalistic, which does not make the proceedings more effective.