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Litigation in Poland

Litigation is an essential aspect of the legal system in Poland, offering individuals and businesses a legal pathway to resolve disputes in court. Whether you’re dealing with commercial disputes, civil matters, or issues related to property, the Polish legal system offers a structured and transparent framework for litigation. Litigation in Poland is an essential means of resolving legal disputes, whether between individuals, companies, or other entities. While the process can be lengthy and costly, it provides a structured system for enforcing rights and seeking justice. For those involved in disputes, understanding the Polish litigation process and considering alternative dispute resolution options can help achieve a favorable outcome.

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    Overview of the Polish Legal System

    Poland’s legal system is based on civil law, with the Constitution of the Republic of Poland as the supreme law of the land. It incorporates elements from European Union law and international treaties, making it a hybrid system with influences from both continental and international legal frameworks. The judiciary in Poland is independent, and its structure is composed of general courts (for civil and criminal matters), administrative courts (for administrative law cases), and specialized courts for commercial disputes and labor-related issues. Litigation in Poland generally takes place in the ordinary courts, which include the District Courts (Sąd Rejonowy), Regional Courts (Sąd Okręgowy), and the Supreme Court (Sąd Najwyższy). The District Courts typically handle minor civil disputes, while the Regional Courts are responsible for more complex cases, including commercial disputes and appeals. The Supreme Court serves as the highest authority and issues final judgments in cases of significant legal or constitutional importance.

    Types of Litigation in Poland

    In Poland, litigation can broadly be categorized into two types: civil litigation and commercial litigation. However, both types of litigation share certain procedural similarities, though they differ in terms of the parties involved and the nature of the disputes.

    • Civil Litigation – in Poland typically involves disputes between individuals or entities regarding personal rights, property rights, contracts, torts, inheritance, and family matters. Common types of civil cases include:
    • Breach of contract – disagreements over the terms or execution of contracts, including disputes over performance, delivery, or payment;
    • property disputes – Issues regarding property ownership, possession, or lease agreements;
    • torts – legal action based on harm caused by one party’s negligence or wrongful acts;
    • family law – cases involving divorce, child custody, and inheritance.Civil lawsuits are typically initiated by filing a statement of claim (pozew) with the appropriate court. The court then schedules hearings, and parties present evidence and arguments before the judge. The decisions are binding and enforceable, and if either party disagrees with the decision, they can file an appeal to a higher court.
    • Commercial Litigation – pertains to disputes between businesses, companies, or commercial entities. Common examples of commercial litigation include:
    • disputes over corporate governance – disagreements between shareholders, directors, or management over business operations and financial management;
    • intellectual property disputes – legal actions related to patents, trademarks, copyrights, and trade secrets;
    • competition law – cases concerning unfair competition or violations of antitrust laws;
    • debt recovery – legal proceedings to recover outstanding debts between businesses or from individuals.
      Commercial litigation often involves more complex issues due to the nature of the businesses and the legal intricacies involved. Some cases may be heard by specialized courts or arbitration tribunals, particularly when commercial contracts include arbitration clauses. Arbitration is a preferred alternative to court proceedings for many businesses, as it can offer more flexibility, confidentiality, and faster resolution.

    The Litigation Process in Poland

    Litigation in Poland follows a fairly structured process, with strict deadlines and procedural rules. Here’s an overview of how the process typically works:

    • Filing the Claim – the first step in litigation is filing a statement of claim with the relevant court. This document sets out the details of the dispute, the legal grounds for the claim, and the evidence supporting the case. In civil cases, the statement of claim must be filed with the court that has territorial and subject-matter jurisdiction over the case.
    • Court Proceedings – once the statement of claim is filed, the court schedules a hearing. Polish courts generally aim to resolve cases efficiently, and in some types of disputes, such as consumer protection or debt recovery, the court may decide without holding a full trial. However, in most cases, the litigation process involves several stages (preliminary hearing, main hearing, judgment).
    • Appeals Process – if a party is dissatisfied with the court’s decision, they have the right to appeal the judgment. Appeals are typically heard by a higher-level court. For civil cases, appeals are made to the Regional Court (for cases decided by District Courts), and the Supreme Court handles appeals on matters of significant legal importance or where a precedent needs to be set. It is important to note that appeals are generally limited to questions of law, not new factual evidence. Therefore, an appellate court does not re-evaluate the evidence presented at the trial but rather assesses whether the law was correctly applied.
    • Enforcement of Judgment – once a judgment is final, the winning party can seek enforcement if the losing party does not voluntarily comply with the court’s order. This can involve actions such as garnishing wages or seizing property through the Polish enforcement system (Komornik Sądowy).

    Litigation Costs in Poland

    The costs of litigation in Poland depend on various factors, including the complexity of the case, the court fees, and whether legal representation is needed. The court fees are typically based on the value of the claim, with higher-value claims incurring higher fees. In addition to court fees, parties involved in litigation may also need to pay for legal services, expert opinions, and other expenses. If a party wins the case, they may be entitled to reimbursement for some of their legal costs, though this does not always cover the full amount spent on legal fees.

    Alternative Dispute Resolution (ADR) in Poland

    While litigation is an effective means of resolving disputes in Poland, many businesses and individuals choose Alternative Dispute Resolution (ADR) mechanisms, such as mediation or arbitration. These alternatives can often lead to faster, more cost-effective solutions.

    • mediation – involves a neutral third party helping the disputing parties reach a settlement. While not binding, a successful mediation can lead to an amicable resolution without the need for lengthy court proceedings.
    • arbitration – is a binding method of dispute resolution where an independent arbitrator makes a decision, which can be enforced similarly to a court judgment. Many commercial contracts in Poland include arbitration clauses, especially in international transactions.

    Fields of expertise

    Agata Kosikowska Law Firm specializes in providing services to both individual customers, entrepreneurs and collective entities. Many years of experience allow us to provide our customers with reliable and professional service in every area of law. 

    Fields of expertise

    Agata Kosikowska Law Firm specializes in providing services to both individual customers, entrepreneurs and collective entities. Many years of experience allow us to provide our customers with reliable and professional service in every area of law.

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