Dziennik Gazeta Prawna informs that during Senate works on repealing art. 15ze of the “shield” and replacing it with a new regulation, government-backed amendments are to be tabled, providing for limiting the possibility of withdrawal of submitted bids. So there will not be another revolution after all?

One of the problems of the “anti-crisis shield” amendment is the introduction of transitional provisions under which tenants would have the possibility to withdraw from previously submitted binding offers, which in most cases are the basis for negotiating annexes concluded in connection with shopping center lockdowns.

This idea raises many doubts, if only from the perspective of the principle of non-retroactivity of law and a number of practical problems which could result from the application of this regulation.

However, the legislator may decide to limit its effects by indicating that the possibility of a tenant’s withdrawal from an offer will apply to the period after 31 December 2020.

Hence, changes to the rules of the gallery-tenant relationship would not apply to the first stage of the pandemic.