On November 5, 2014 (reference symbol of files III CZP 76/14) the Supreme Court has adopted a significant resolution concerning the penal suit. The resolution refers to the effectiveness of deduction of the claim for payment of a contractual penalty. According to this resolution, such a claim – unless otherwise agreed in the contract – becomes due and payable on the date specified in Article 455 of the Civil Code i.e. after formal demand the counterparty to pay the contractual penalty. So this demand can be considered to be a necessary condition to make the statement of deduction of the contractual penalty effectively. Deducted can be only a claim which is due and payable.
Without the previous demand the deduction may prove to be ineffective even if the contractual penalty is legitimately calculated. More details will be known after publication of the written reasons of the resolution.