According to the resolution of 7 Civil Chamber Supreme Court judges from 20th November 2019 in the case number III CZP 17/18 stipulation of contractual penalty in case of withdrawal from an agreement as a result of non – performance of a financial obligation is unacceptable.
The resolution was passed upon the request of one of the appeal courts as it was examining the case of payment contractual penalty which was stipulated in the construction works contract. The question was stated in regards to discrepancies in existing jurisprudence of the Supreme Court concerning admissibility of stipulated contractual penalty in case of withdrawal from an agreement as a result of non – performance of a financial or non- financial obligation.
Supreme Court in passed resolution took a stance that the primary character of the obligation is of the importance, infringement of which resulted in the withdrawal from the contract. Civil Code allows stipulation of contractual penalty only in case of the breach of non – financial obligation and as a result – only with such an obligation contractual penalty, due to withdrawal from an agreement, can be connected.