When imposing an administrative fine, the authority should examine whether a subsequent change in the law has introduced provisions that are more favorable to the business. The Provincial Administrative Court in Warsaw once again applied this standard in a case involving payment backlogs. Agnieszka Trzaska-Śmieszek, an attorney and partner at KKG Legal who specializes in competition and consumer protection and class actions commented on the significance of the ruling for Prawo.pl.
The Provincial Administrative Court Applied the EU Principle of the More Favorable Law
In its judgment of June 11, 2026 (V SA/Wa 3591/25), the Provincial Administrative Court in Warsaw overturned the decision of the President of the Office of Competition and Consumer Protection (UOKiK) regarding a penalty for payment backlogs. This ruling is consistent with the approach previously adopted in cases V SA/Wa 784/25, V SA/Wa 3372/24, V SA/Wa 3226/24, and V SA/Wa 1265/25.
We can already speak of an emerging—and even increasingly well-established—line of case law from the Provincial Administrative Court in Warsaw – the expert points out.
In the cases under discussion, the lex mitior principle, which stems from European Union law, is relevant. It requires that subsequent provisions be taken into account if they are more favorable to the business. A series of consistent rulings means that businesses can effectively use this line of argument in proceedings concerning penalties imposed under the Anti-Delay Act.
Which businesses can use this line of reasoning?
These rulings may be of particular significance to businesses in cases concerning the period prior to the amendment of the Anti-Delay Act, where the decision was or is to be issued under the new regulations.
The structure of the transactions covered by the proceedings may be of particular practical significance. If transactions between companies belonging to the same corporate group accounted for a significant portion of the amount used as the basis for determining the penalty, the business may argue that these transactions should not be taken into account either in assessing the scale of the violation or in determining the amount of the penalty.
According to the expert, in many cases this can lead to a significant reduction in the administrative penalty.
The implications of the rulings may extend beyond payment backlogs
The authority should not automatically base its assessment of liability solely on the law in effect at the time of the violation. It should also examine whether a subsequent amendment to the regulations introduced provisions that are more favorable to the party to the proceedings.
If the matter involves EU law, a business can expect that more favorable regulations will be taken into account when assessing its liability. This line of reasoning may also be relevant in other proceedings concerning administrative fines, not only in cases conducted by the Office of Competition and Consumer Protection (UOKiK) under the Anti-Delay Act.
This does not preclude the imposition of penalties for payment backlogs, but it does indicate that both the business's liability and the amount of the penalty should be assessed in accordance with the safeguards provided by European Union law.
The full commentary by Agnieszka Trzaska-Śmieszek, attorney at law, is available on the Prawo.pl website.