ATTENTION – THIS IS AN AUTOMATIC TRANSLATION from Polish
The team at our law firm has once again succeeded in obtaining a favorable decision from the Supreme Court for our clients. This time, the case concerns the resolution of 30 October 2025, issued in case no. III CZP 22/25. According to the resolution, a consumer entering into a development agreement with a professional entity should be entitled to claim damages exceeding the contractual penalty, particularly where the amount of that penalty has been set at a manifestly low level.
The legal issue addressed by the Supreme Court arose in connection with the case of our clients, who suffered losses amounting to several tens of thousands of zlotys as a result of delays caused by improper execution of the construction process. The developer they sued argued that they should only be entitled to claim a sum an order of magnitude lower, due to the limitations arising from the fixed contractual penalty, in light of Article 484 § 1, second sentence, of the Civil Code. The Supreme Court rightly held, however, that such a situation would unlawfully and significantly restrict the liability of a business entity towards a consumer.
More information can be found in the article below: