Date of service of the court document via the information portal in the event of failure to collect it – commentary on the Judgment of the Supreme Court of 20 October 2023, III CZP 24/23

In the resolution in question, the Supreme Court resolved the issue of the date on which service of a court document via an information portal takes effect if it is not taken up by the addressee. The Supreme Court decided that in the case referred to in Article 15zzs9(3), second sentence, of the Act of 2 March 2020 on special solutions related to preventing, counteracting and combating COVID-19, other infectious diseases and crisis situations caused by them (consolidated text: Journal of Laws of 2023, item 1327), this effect does not take effect on the 14th day from the date of placing the letter on the information portal, but on the day following the lapse of the 14th from the date of placing the letter on the information portal. This view should be regarded as accurate and valid also on the basis of Art. 1311a §2, third sentence of the Civil Procedure Code, with the proviso that it does not mean that in every case service takes effect on the 15th day from the date of posting the document on the information portal (see Article 115 of the Civil Code in connection with Article 165 § 1 of the Civil Procedure Code). Due to the reservations made, the commentary has a partially approving character.