Prawo.pl: “Extraordinary aid closes the way to court for entrepreneurs” – commentary by Krzysztof Brysiewicz

9 July 2025 • Autor: Kancelaria Brysiewicz Bokina i Wspólnicy

The Prawo.pl portal published an article by Robert Horbaczewski and Jolanta Ojczyk, editors, who write about a very important topic concerning companies which did not receive pandemic support from regional operational programmes. What is more, they are entitled neither to protest nor to complain to the administrative court.

The courts recognise that the covidium speculative law does not provide for an appeal procedure for the extraordinary mode of selecting projects for funding. Lawyers alert that this line of jurisprudence is dangerous for entrepreneurs. For it excludes the distribution of aid funds from any control. The commentary to the article was provided by legal advisor, Krzysztof Brysiewicz, managing partner of the Firm.

This is an absurd situation and a cursory court decision. The WSA has ruled that the extraordinary mode from the covidium act is not a competition mode and therefore is not subject to the court's review," - comments Krzysztof Brysiewicz

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We would also like to draw your attention to Krzysztof Brysiewicz ‘s post on the blog “Fundusze Unijne Okiem Prawnika” titled ” EU Funds Okiem Prawnika“. We also recommend to your attention the entry of Krzysztof Brysiewicz on the blog “EU Funds as seen by a lawyer”, entitled “Closing the judicial route in EU matters”.
In it, Krzysztof also refers to the jurisprudence of the Voivodship Administrative Court (WSA) in Olsztyn, which “closed” the judicial route in cases of covidium aid granted on the basis of the so-called Covidium Act. It also describes how control over the distribution of EU funds used to look like and how, over the years, the system has been stripped of its most important elements.

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