What difficulties might entrepreneurs face in the face of the coronavirus pandemic in Poland? Below, we discuss the most important consequences of the Act on Special Measures for the Prevention, Countermeasure, and Combating of COVID-19, Other Infectious Diseases, and the Crisis Situations Caused by Them, the Act on State of Natural Disaster, and the Act on State of Emergency.

Act on special solutions related to the prevention, counteraction and combating of COVID-19, other infectious diseases and crisis situations caused by them.

1. What can the instructions be about?
   
   1. The Act does not regulate what the obligations imposed by the Prime Minister will be and what they will concern, therefore it should be understood broadly and it should be assumed that the order may apply to all areas of a given entrepreneur's activity.
   2. The Act only states that orders cannot concern decisions on the substance of a case dealt with by way of an administrative decision, and cannot concern operational and reconnaissance activities, investigative and investigative activities or activities related to the prosecution of petty offences.
2. How will orders be issued?
3. Who imposes obligations?
4. In what form will orders be issued?
5. Since when are decisions binding on an entrepreneur?
6. Possibility of appeal.
7. Does the legal act provide for compensation or damages?
8. What restrictions can be introduced during a state of natural disaster?
   
   1. suspension of the activities of certain entrepreneurs;
   2. an order or prohibition to conduct a specific type of business activity;
   3. ordering the employer to place employees at the disposal of the body directing the activities carried out to prevent or remove the effects of a natural disaster;
   4. a ban on periodic price increases for goods or services of a certain type;
   5. the requirement to apply fixed prices for goods or services that are fundamental to consumers’ living costs;
   6. an order or prohibition to stay in certain places and facilities and in certain areas;
   7. use of real estate and movable property without the consent of the owner or other authorized person.
9. Furthermore, under the Act, natural and legal persons may be obliged to:
   
   1. putting owned real estate or movable property into use;
   2. making rooms available to evacuated persons;
   3. use of real estate in a specific manner or to a specific extent;
10. Who is introducing?
11. How long can a state of natural disaster be declared?
12. Who imposes restrictions?
13. Nature of the decision.
    
    1. decisions are immediately enforceable upon their delivery or announcement.
    2. may be issued orally in emergencies and then immediately confirmed in writing;
14. Possibility of appealing the decision.
    
    1. an appeal against them must be filed within 3 days from the date of delivery or written confirmation of a decision issued orally;
    2. appeals filed must be submitted to the appeal body within 3 days and considered within 7 days from the date of receipt of the appeal;
    3. the higher-level body in matters of decisions issued by the starosta and the wójt (mayor, city president) is the voivode.
15. Who is introducing.
16. For how long?
17. Declaration of a state of emergency.
18. Scope of limitation of rights and freedoms:
    
    1. Limiting access to consumer goods through total or partial rationing of supplies to the population;
    2. Restricting the freedom of contracting parties to agree on prices by prohibiting periodic price increases for goods or services of a specific type or by ordering the application of fixed prices for goods or services that are fundamental to the cost of living of consumers;
    3. Restricting the freedom of economic activity by ordering a periodic cessation of conducting economic activity of a certain type or establishing an obligation to obtain a permit to commence economic activity of a certain type;
    4. Restrictions on road, rail and air transport and on the movement of vessels in internal sea waters and the territorial sea, as well as on inland waterways.
19. How to introduce restrictions:

If you are particularly interested in the topic of possible restrictions on entrepreneurs in conducting business activities, please contact the attorney dedicated to serving your company or:
Attorney Marcin Zawistowski – m.zawistowski@kglegal.pl +48 519 353 931
Trainee legal counsel Izabela Cybul-Gruba – i.cybul@kglegal.pl +48 502 469 739

|

|