In a resolution adopted on May 14, 2026, the Supreme Court ruled that an independent public healthcare institution (SPZOZ) lacks restructuring capacity (case no. III CZP 41/25).
The resolution of the Civil Chamber is a response to a legal question referred by the Regional Court in Rzeszów.
In practice, this means that an SPZOZ cannot undergo restructuring under the provisions of the Restructuring Law.
Legal regulations do not provide a clear answer regarding the legal nature of SPZOZs, resulting in differing interpretations of the provisions. Some courts have allowed for the possibility of conducting restructuring proceedings against SPZOZs, taking into account their special nature.
This issue takes on particular significance in light of the growing debt of healthcare entities and the measures being taken to reform the healthcare system.
The inability to carry out effective restructuring may further exacerbate the difficult financial situation of public hospitals. Consequently, it will become necessary to seek remedial solutions outside of restructuring proceedings.
A full assessment of the resolution and the rationale behind the adopted interpretation will be possible after the Supreme Court publishes its reasoning.
