Strona Kancelarii » Civil and Commercial Litigation in Poland

Jurisdiction and venue

Disputes involving businesses in Poland are heard by the common courts, while disputes between businesses are handled by dedicated commercial divisions. A commercial case is any case arising from civil-law relations between businesses within the scope of their business activities. Such cases are subject to special, stricter rules.

At first instance, cases are heard by the district court (sąd rejonowy), and by the regional court (sąd okręgowy), among others, in property-rights cases where the value of the claim exceeds PLN 100,000. As a rule, an action is brought before the court competent for the defendant's registered office, but in contractual disputes the claimant may also choose the court for the place of performance of the contract.

The parties may designate in advance, in a contract concluded in written form, which court will hear any disputes. As an alternative to proceedings before the common courts, disputes may be referred to an arbitral tribunal. Court proceedings are conducted exclusively in Polish.

Pre-litigation steps

Before bringing an action, check the limitation periods. In Poland, claims related to business activity become time-barred after 3 years, and the period ends on the last day of the calendar year.

For example, if the payment deadline under the contract fell on 10 September 2026, the claim will become time-barred on 31 December 2029.

One of the formal requirements of a statement of claim is to state whether the parties have attempted to resolve the dispute amicably, e.g. through mediation. In practice, this means at least sending the other party a pre-litigation demand for payment.

If there is a risk that the debtor will dispose of its assets, it is possible to obtain security for the claim before the court issues a judgment. To do so, the claimant must substantiate the claim and its legal interest in obtaining security.

Statement of claim, court fees and payment orders

Proceedings are initiated by a statement of claim, in which the claimant must specify, among other things, the defendant's details and the value of the claim. For claims above PLN 20,000, the court fee is 5% of that value, capped at PLN 200,000; fixed fees apply to lower claims. As a rule, the losing party reimburses the opponent's costs of the proceedings, including legal representation fees.

In payment disputes, Polish civil procedure provides for a special, faster track in which the court issues an order for payment (equivalent to a judgment) without a hearing:

Writ-of-payment proceedings (postępowanie nakazowe) – where the claim is based on, e.g., an accepted invoice, a promissory note or a written acknowledgment of debt. The claimant pays only ¼ of the standard court fee, and the order, once issued, is immediately enforceable as a security title, without a separate application.
Summary payment-order proceedings (postępowanie upominawcze) – the default track for other payment claims.
Electronic payment-order proceedings (the "e-court") – conducted entirely online.

Depending on the track, once the order for payment has been issued, the defendant has between 2 weeks and 1 month to lodge pleas or an objection. If lodged effectively, the case is transferred to ordinary proceedings. If the defendant fails to respond, the order may become final and binding, which opens the way to enforcing the claim against the defendant's assets.

Course of proceedings and evidence

In commercial cases, preclusion is key; it is designed to speed up the proceedings. All allegations and evidence must be presented in the statement of claim or in the statement of defence. Anything submitted later may be disregarded by the court, unless the party shows that it could not have raised it earlier.

Documentary evidence also takes precedence as the strongest form of evidence. A fact which, according to the parties' intention, was to be confirmed by a document may be proven by witness testimony only exceptionally. E-mails, acceptance reports and business correspondence therefore often determine the outcome of a case.

Hearings may be held remotely, using means of distance communication. Witnesses may give testimony in writing instead of at a hearing. In technical cases or those requiring specialist knowledge, the court usually appoints court experts, which typically prolongs the proceedings and imposes high costs on the parties. The parties may reach a settlement at any stage of the proceedings.

What foreign businesses should watch out for

Documents in a foreign language must be filed together with a translation, and the court may require a sworn translation.
A party with its registered office outside the EU that has no attorney of record in Poland must appoint an agent for service of process in Poland. Otherwise, court documents are placed in the case file and deemed served.
Before the common courts, witnesses and parties who do not speak Polish are heard with the mandatory participation of an interpreter appointed by the court.

Judgment, appeal and enforcement

Court proceedings in Poland have two instances, which means that a first-instance judgment may be appealed. To challenge a judgment, a party must, within one week of its pronouncement or service, request a written statement of reasons. An appeal must be filed within 2 weeks of service of the judgment together with the statement of reasons.

A cassation appeal to the Supreme Court may be brought against a second-instance judgment within 2 months of service of the judgment with its statement of reasons. A cassation appeal is admissible in property-rights cases (including commercial cases) where the value of the subject matter of the appeal is at least PLN 50,000.

A final judgment bearing an enforcement clause constitutes an enforceable title, which entitles the claimant to initiate enforcement by the enforcement authority – a court bailiff (komornik).

Recommendations before commencing proceedings

1. When negotiating the contract, seek to designate the court competent for your registered office and expressly specify the governing law.

2. Document in writing all material arrangements, acceptances and contract amendments – in a commercial dispute, documents most often determine the outcome of the case.

3. Monitor limitation periods and respond to overdue payments with a demand for payment, and where the debtor has accepted the invoice – with a claim in writ-of-payment proceedings.

4. Appoint an attorney of record or an agent for service of process in Poland, and prepare translations of documents before filing the statement of claim.

If you are looking for legal support in this issue, please contact us.

Attorney at law - Michał Kubiak

e-mail: biuro@kancelariakubiak.pl or

phone/Whatsapp +48724293339

724 293 339

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