Representation of international Clients in Polish courts in civil and commercial matters.
KIELTYKA GLADKOWSKI is a team of lawyers authorized to represent foreign individual clients, corporate clients, foreign companies and other foreign entities before all common courts in Poland, including the Polish Supreme Court, regardless of the stage of the proceedings, type of court, value of the dispute, place and type of the matter.
Each of the team’s lawyers has procedural rights and can independently represent our Clients before all courts in Poland, also before the Polish Supreme Court.
KIELTYKA GLADKOWSKI represents its Clients in all types of civil proceedings in Poland , i.e. in court proceedings, in non-contentious proceedings and in separate proceedings.
Civil proceedings in Poland are divided into judicial and extrajudicial ones. Court proceedings are divided into examination proceedings (trial, non-trial proceedings), auxiliary proceedings and enforcement proceedings. Out-of-court procedure is the amicable settlement of disputes (ADR).
In Poland, we have a three-tier civil judiciary system. The administration of justice is exercised by district, regional and appellate courts. KIELTYKA GLADKOWSKI Law Firm represents foreign clients before all types of civil courts.
The jurisdiction of the district courts includes all cases that are not reserved for the regional courts. An appeal, an ordinary appellate measure, is available against the judgment of a district court and is filed to a regional court, and against the judgment of a regional court and filed to an appellate court.
A cassation appeal, an extraordinary measure of appeal, is transferred through a regional court to the Supreme Court. In the proceedings before the Supreme Court, there is an attorney-at-law coercion. This means that it is then necessary to appoint a legal representation.
KIELTYKA GLADKOWSKI has extensive experience in litigating the following claims and in the following types of cases:
1. examination procedure (fact-finding procedure) – adjudication in the case (part one of the Polish Code of Civil Procedure).
2. precautionary proceedings (proceedings to secure claims) – subsidiary proceedings, when it is necessary to secure a claim, and its absence will prevent or seriously impede the execution of the ruling issued in the case or otherwise prevent or seriously hinder the achievement of the purpose of the proceedings in the case (part two of the Polish Code of Civil Procedure). Pecuniary and non-pecuniary claims may be secured in the Polish court, methods provided for securing the former may be used to secure non-pecuniary claims.
3. enforcement proceedings – the proceedings aimed for the enforcement of adjudicated claims (part three of the Polish Code of Civil Procedure).
4. international proceedings – apply to cases with international jurisdiction (part four of the Polish Code of Civil Procedure).
5. proceedings in commercial cases – these are court cases based on civil relations between entrepreneurs in the field of their business activities, enterprises, in the field of bankruptcy and restructuring law.
Non-contentious proceedings constitute a separate procedure among court cases. In this procedure, cases in the field of civil law, family law and cases specified in Polish specific acts are examined by courts. This procedure is equivalent to the examination procedure (fact-finding procedure).
There are no parties to the dispute in these proceedings, there are participants in the proceedings. The court issues orders instead of judgments. Proceedings may be initiated upon request or ex officio.
Non-contentious proceedings include cases in the field of:
1. personal law – recognition as a deceased person, cases of incapacitation;
2. property law – land and mortgage register proceedings, ascertainment of acquisitive prescription, abolition of joint ownership, establishment of transmission easement;
3. inheritance law – confirmation of inheritance acquisition;
4. family law – for permission to marry, division of joint property after termination of statutory community;
5. registration proceedings, including registration of companies, real estate, pledges, etc.
These are procedures that have been regulated in the Polish Code of Civil Procedure in a different way than in the ordinary mode. They are included in the first book in title VII of the Polish Code of Civil Procedure. These are the procedures:
1. for divorce and separation;
2. for marriage annulment, establishing the existence or non-existence of marriage – other matters of marriage;
3. in matters of relations between parents and children;
5. in matters related to labor law and social security;
6. in cases of infringement of possession;
7. in matters of competition and consumer protection and in the case of practices unfairly using contractual advantage;
8. in matters related to energy regulation;
9. in matters related to the regulation of telecommunications and postal services;
10. in matters related to the regulation of rail transport;
11. in matters related to the regulation of the water and sewage market;
13. orders for payment and payment order proceedings (as a result of issuing an order for payment);
14. simplified proceedings – if the value in dispute does not exceed PLN 20,000 – with exceptions;
Unless specific provisions provide otherwise, the parties may submit to an arbitration court disputes over property rights – with the exception of cases for alimony – and disputes over non-property rights, if these may be the subject of a court settlement. Arbitration judges are arbitrators. In amicable proceedings, the parties should be treated equally. The conciliatory proceedings end with a ruling (judgment) or a court settlement.
If the defendant has his own claim against the plaintiff, the defendant is authorised to present his own counterclaim, either in the statement of defence, in the objection to the order for payment in the writ proceedings, in the objection to the default judgment, or in the charges against the order for payment in the writ proceedings.
A counterclaim may also be brought when the subject of the claim can be set off, e.g. money – when both claims are due.
– we prepare lawsuits, counterclaims and other pleadings;
– we prepare appeals, complaints, cassation complaints;
– we represent clients at court hearings in person or online.
The parties and their bodies or statutory representatives may act before the court in person or through attorneys. The power of attorney may be either procedural (litigation) – or general, or to conduct individual cases – or for only some procedural steps. The scope, duration and effects of a power of attorney broader than a litigation power of attorney, as well as authorisation to individual procedural steps, are assessed according to the content of the power of attorney and the provisions of civil law.
The plaintiff is a natural person, legal person or other organizational unit without legal personality, which, however, is granted legal capacity by the law. The claimant makes a request or demand by instituting legal proceedings.
The defendant is a natural person, legal person or other organizational unit without legal personality, which the law grants legal capacity; this is the party against which the claim is directed and against whom the court proceedings are initiated.
3. third-party respondents;
Third-party respondent is a natural person, legal person or other organizational unit against whom the same claim may be brought as against other persons acting as defendants. The third-party respondent may be requested by the court at the claimant’s request to participate in the case.
4. joined parties;
When a party, in the event of an unfavorable decision, would have a claim against a third party or a third party could bring a claim against it, that party may notify the third party about the pending trial and call for participation. This party is referred to as joined party.
That person may declare his or her accession as an incidental intervener.
5. vouching-in parties (as interviewee);
If not all persons are present as plaintiffs or defendants, the court calls on the plaintiff to indicate within the prescribed period the persons who do not yet participate in the proceedings – so that their summoning or notification is possible. If necessary, vouching-in party may be appointed a guardian.
6. the applicant;
The applicant is a person at whose request non-contentious proceedings are initiated.
The participants are the equivalents of the parties in non-contentious proceedings.
Court instances in Poland
In Poland, we have district courts and regional courts, from which an appeal may be brought to the court of appeal. They adjudicate in civil cases, matters in the family and guardianship scope, as well as in the field of labor law and social insurance law.
Pursuant to Art. 16 of the Polish Code of Civil Procedure in civil cases, district courts hear all cases, unless these cases have been reserved for regional courts.
For regional courts, pursuant to Art. 17 of the Polish Code of Civil Procedure, the following cases are reserved:
1. for non-property rights and property claims pursued together with them, in addition to cases for establishing or denying the origin of the child, for establishing the ineffectiveness of paternity and for dissolving adoption;
2. for claims under the Press Law;
3. for property rights in which the value of the subject of the dispute exceeds PLN 75,000.00, in addition to cases for alimony, for infringement of possession, for separation of property between spouses, for reconciliation of the content of the land and mortgage register with the actual legal status and cases recognized in electronic writ proceedings;
4. for issuing a judgment replacing the resolution on the division of the cooperative;
5. for repeal, declaration of invalidity or for establishing the existence or non-existence of resolutions of bodies of legal persons or organizational units that are not legal persons, to which the law granted legal capacity;
6. for compensation for damage caused by issuing a legally binding and unlawful decision;
7. for claims arising from the violation of rights under the provisions on the protection of personal data.
Appellate legal measures – appeal
Pursuant to Art. 367 of the Polish Code of Civil Procedure, the judgment of the first instance may be appealed against to the court of second instance.
The appeal against the judgment of the district court is heard by the regional court.
An appeal against a judgment of a regional court, if the regional court was the first instance, is heard by the court of appeal.
The appeal should mark the judgment with an indication of whether it is appealed in whole or in part; a brief presentation of the charges (objections) and their justification; appointment, if necessary, of new facts and evidence and a motion to amend or set aside the judgment, indicating the scope of the requested change or repeal. The two-week deadline must be met to prepare and submit the appeal. The appeal must be in writing.
The right to file an appeal is available to the parties or participants, an incidental intervener, a prosecutor, a social organization or the Human Rights Defender.
Non-institutional appeals – cassation appeal
A cassation appeal may be brought by a party when the substantive law has been violated due to its incorrect interpretation or application, or when the provisions of the procedure have been violated, if this failure could have had a significant impact on the outcome of the case. This is an extraordinary legal remedy. It should designate the judgment against which it is brought, indicating whether it is being challenged in whole or in part; citation of the grounds for cassation and their justification; a motion to set aside or set aside and amend the decision, specifying the scope of the requested revocation and amendment.
KIELTYKA GLADKOWSKI KG LEGAL typically prepares and lodges appeals with the court which issued the appealed decision within 2 months from the date of service of the decision with the reasons of merit. It is formally examined by the court of second instance. Then it is transferred to the Supreme Court. Before the Supreme Court, there is an attorney-at-law compulsion, a party must have a trial representative.
KIELTYKA GLADKOWSKI KG LEGAL usually operates and represented the Clients within 3 types of claims:
1. claim for a benefit (performance) – when the claimant requires from the court to order the defendant to perform a specific obligation and, above all, demands payment (CLAIM FOR PAYMENT, ORDER FOR PAYMENT).
2. claim for establishing certain state – the claimant demands the determination of the existence or of the content of a legal relationship.
3. claim for formation of a certain state – the claimant demands a change in the legal status by appointing, changing or terminating the legal relationship.
The claims with which the clients of KIELTYKA GŁADKOWSKI go to the Polish court can be divided into several different categories depending on the adopted criterion. Due to the subject of the service, the claims may be cash or non-cash benefits. Due to the nature of the benefits, these may be property or non-property benefits. In procedural terms, it is a claim for legal protection for the plaintiff included in the statement of claim.
1. claim for payment;
2. restitution claims (a claim for restoration to lawfulness and for the cessation of violations);
3. debt collection claim – for issuing a real estate or movable property;
4. a claim for the dissolution of joint ownership;
5. a claim for compensation for damage caused by a tort – a tortious act of civil law;
6. a claim for annulment of an auction or tender if the party influenced the result in a manner inconsistent with the law or morality;
7. a claim for interest or incidental benefits;
8. a property claim;
9. a claim for the payment of a commission under an agency contract;
10. claims under the contract of carriage of passengers;
11. claims under the shipping contracts;
12. claims under the insurance contracts;
13. claims to reconcile the content of the land and mortgage register with the actual legal status;
14. bequest claims;
15. actio Pauliana claims – actions available to a creditor when the creditor has been wronged by the actions of the debtor.
An action against a legal person or other entity that is not a natural person shall be brought according to the place of their seat.
Place of jurisdiction is determined by domicile, or by registration if it is a legal entity.
A plaintiff who does not have a place of residence or habitual residence or seat in the Republic of Poland or in another Member State of the European Union, is obliged, at the defendant’s request, to provide a deposit to secure the costs of the trial.
The claimant may be exempt from these costs if:
1. it has assets in Poland sufficient to pay the costs;
2. it is entitled to or has obtained an exemption from court costs;
3. in non-pecuniary matrimonial matters, in cases on a counterclaim, in enforcement (injunction) proceedings, in proceedings by writ of payment, and in simplified proceedings;
4. in cases in which the parties have jointly submitted to the jurisdiction of Polish courts;
5. if the judgment of the Polish court awarding the costs of the trial against the plaintiff in favor of the defendant would be enforceable in the state where the plaintiff is domiciled or habitually resident or has its seat.
A party who has no place of residence or habitual residence or seat in the Republic of Poland or in another Member State of the European Union, if it has not appointed a representative residing in the Republic of Poland to conduct the case, is obliged to indicate a representative for service in the Republic of Poland.
In the event of failure to indicate a representative for service, the documents intended for that party shall be left in the case files with the effect of service. The party should be informed about it upon the first delivery. The party should also be informed about the possibility of submitting a response to the letter instituting the proceedings and explanations in writing, and about who may be appointed a representative.
INTERNATIONAL LEGAL ACTS
CIVIL PROCEDURE Convention, signed in The Hague on March 1, 1954 (Journal of Laws of 1963, No. 17, item 90, as amended );
Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (Journal of Laws of the EU. No. of 2007, No. 339, p. 3, as amended) – Lugano Convention;
Convention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations, signed at The Hague on October 2, 1973 (Journal of Laws of 2000, No. 2, item 13);
Convention on the Law Applicable to Road Accidents, drawn up in The Hague on May 4, 1971 (Journal of Laws of 2003, No. 63, item 585).
1. Polish laws and regulations
Act of November 17, 1964, Code of Civil Procedure (Journal of Laws of 2021, item 1805, as amended);
Act of February 4, 2011 – Private International Law (consolidated text: Journal of Laws of 2015, item 1792);
Act of 28 July 2005 on court costs in civil cases (consolidated text: Journal of Laws of 2022, item 1125);
Ordinance of the Minister of Justice of 29 July 2016 on the manner of enforcement of fines and penalties adjudicated in civil proceedings, as well as court costs in civil cases, due to the State Treasury (Journal of Laws, item 1227);
Ordinance of the Minister of Justice of June 20, 2016 on the amount of remuneration and reimbursable expenses of a mediator in civil proceedings (Journal of Laws, item 921);
Ordinance of the Minister of Justice of 29 July 2016 on the manner of conducting an auction of movable property (Journal of Laws item 1205);
Ordinance of the Minister of Justice of 27 October 2021 on the method of selling real estate by electronic auction and the method of authentication of users of the ICT system supporting electronic bidding (Journal of Laws, item 2005);
Ordinance of the Minister of Justice of 20 October 2015 on the manner of filing pleadings via the ICT system supporting court proceedings (Journal of Laws, item 1783, as amended);
Ordinance of the Minister of Justice of 5 April 2012 on specifying templates and the manner of making available official forms of pleadings in civil proceedings (consolidated text: Journal of Laws of 2015, item 723, as amended);
Ordinance of the Minister of Justice of 31 May 2012 on the method of lodging security in securities in enforcement proceedings (Journal of Laws, item 640);
Ordinance of the Minister of Justice of February 24, 2010 on devices and technical means enabling the taking of evidence at a distance in civil proceedings (Journal of Laws No. 34, item 185);
Ordinance of the Ministers of Finance and Justice of 4 July 1986 on defining the limits in which personal insurance benefits and property insurance indemnities are not subject to court enforcement (Journal of Laws No. 26, item 128);
Ordinance of the Minister of Justice of 22 December 2011 on the detailed procedure to be followed in cases of emptying a flat or room or for issuing real estate (Journal of Laws of 2012, item 11);
Ordinance of the Minister of Justice of 20 October 2015 on the procedure and manner of electronic delivery (Journal of Laws, item 1776, as amended);
Ordinance of the Minister of Justice of 25 November 2020 on specifying the model and method of making available the official application form for obliging a person using domestic violence to leave the jointly occupied apartment and its immediate surroundings or prohibit approaching the apartment and its immediate surroundings;
Regulation of the Minister of Justice of 6 May 2020 on the detailed procedure and manner of service of court documents in civil proceedings (Journal of Laws, item 819);
Ordinance of the Minister of Internal Affairs and Administration of March 15, 2019 on providing assistance to a bailiff by the Police or the Border Guard in the performance of enforcement activities (Journal of Laws, item 551);
Regulation of the Minister of Justice of 30 November 2018 on the specimen and method of making available the official form of the application for the initiation of enforcement addressed to the bailiff (Journal of Laws, item 2307);
Ordinance of the Minister of Justice of 6 October 2016 on court actions related to granting an enforcement clause to electronic enforcement orders and the method of storing and using electronic enforcement orders (Journal of Laws, item 1739);
Regulation of the Minister of Justice of 16 January 2017 on the method of payment and the amount of the fee for providing information about the debtor’s bank account (Journal of Laws, item 112);
Regulation of the Minister of Justice of 5 September 2016 on the formats in which copies of letters, documents and powers of attorney may be certified electronically (Journal of Laws, item 1415);
Ordinance of the Minister of Justice of 5 August 2016 on the detailed description and evaluation of real estate (Journal of Laws, item 1263).
EU LEGAL ACTS
Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I);
Regulation (EC) No. 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (“Rome II”);
Regulation No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil and commercial matters (“service of documents”) and repealing Council Regulation (EC) No 1348/2000 (OJ U. EU. L. of 2007, No. 324, p. 79, as amended);
Council Regulation (EC) No 2201/2003 of 27 November 2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility and repealing Regulation (EC) No 1347/2000;
Regulation (EU) No. 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of judgments, acceptance and enforcement of authentic instruments relating to succession and on the establishment of a European Certificate of Succession;
Regulation (EU) No 654/2014 of the European Parliament and of the Council of 15 May 2014 on the exercise of Union rights for the application and enforcement of international trade rules and amending Council Regulation (EC) No 3286/94 establishing Community procedures in the field of the common commercial policy to ensure the exercise of the rights of the Community under international trade rules, in particular those established under the auspices of the World Trade Organization;
Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of judgments in matters of matrimonial property regimes (Journal of Laws of 2016, No. 183);
Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast).