litigation | In Principle

Although Civil Procedure Code Art. 126 §2 does not clearly indicate that the term “address” means an individual defendant’s home address, and not some other address, the common practice of Polish courts has been to require that the home address be provided. If the plaintiff does not indicate the address where an individual defendant resides or the address of the registered office of a corporate defendant, the statement of claim will be rejected because it cannot be processed properly.

The Regulation of the Minister of Justice of 7 October 2014 on Establishment of Certain District Courts came into force on 1 January 2015.

Numerous minor changes in civil procedure enter into force in Poland in January 2015, concerning such matters as submission of disputed items to the court deposit, the rights of non-parties, and certain aspects of competition cases.

From January 2015 creditors holding a judgment issued in an EU member state will be able to obtain recognition or enforcement of the judgment in another member state without initiating an additional court proceeding.

Poland’s rules of civil procedure require the parties to present all their evidence at the very beginning of the case. This is supposed to expedite the proceedings. But is it counterproductive?

Sometimes when the same case is presented to different courts, the courts take mutually exclusive positions. This was what happened in the case of an Italian company summoned to attempt settlement negotiations in Poland.

Parties to administrative proceedings ask what can be done when the case drags on too long. There is no simple remedy, but a complaint against overlong proceedings is one option.

This is one of the hardest questions for any litigator to answer

In three recent cases, the Supreme Court of Poland has addressed issues surrounding construction of wind farms on land owned by another party.

Although the bank guarantee is a commonly used form for securing claims, it is one of the most controversial institutions in Polish law. In a dispute, it is essential to analyse thoroughly the documents establishing the bank guarantee.

Is there any justification for Polish civil procedure rules limiting the parties’ freedom to choose the forum?

The European Court of Justice has ruled that the requirement to specify the amount in dispute in Polish currency does not apply to the European order for payment procedure.