Court and administrative proceedings in Poland
VON ZANTHIER & DACHOWSKI
Court and administrative proceedings
If you or your company are faced with legal disputes and administrative proceedings, you need a partner to guide you through the process. We know that dispute management is crucial for legal protection, reputation protection and business stability. With our Polish and international experience and multilingual support, we are able to handle legal challenges of all sizes and in all business sectors.
Who do we support?
We can help you in particular if you are dealing with the following challenges:
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You are involved in complex civil or commercial law matters and need support in disputes concerning the operation of a company or in labour law disputes
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You are looking for effective methods of dispute resolution and want to avoid lengthy legal disputes, so you favour mediation and arbitration as quick and effective methods of dispute resolution
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You need to enforce your claims, have difficulties in enforcing them and are looking for effective solutions at every stage, from negotiations to enforcement proceedings
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You fear that legal proceedings could damage your company's reputation in the eyes of your customers and business partners
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You fear that conflicts and disputes could affect the productivity and morale of your employees as well as the day-to-day running of your organisation
How can we help?
We support our clients primarily in the following areas:
Commercial matters
We handle civil and commercial matters. We deal with corporate and labour law disputes, debt recovery, damages for improper performance of contracts and real estate and construction law issues.
Corporate disputes, also between shareholders
We resolve corporate disputes by providing legal support and representation to companies and their shareholders. Our services include mediation, negotiation, corporate law advice, arbitration and representation in court.
Administrative litigation
We provide support in proceedings before administrative courts, draft complaints against decisions by administrative authorities and prepare appeals in cassation before the Supreme Administrative Court.
Criminal proceedings in a business context
We provide support in cases of economic crime and represent our clients before authorities and court.
Co-operation with public administrations and market regulators
We provide assistance in handling cases before public administrations and market regulators such as the Energy Regulatory Authority ( URE ) or the Financial Supervisory Authority (KNF).
Mediation and arbitration
We assist in mediation and represent clients before Polish and international arbitration courts.
Enforcement of claims
We support our clients in the enforcement of their claims at every stage of the recovery process, from negotiation to enforcement proceedings.
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Why is it worth it?
It's worth making use of our services, because:
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We know what to do:
we develop well thought-out strategies to protect your interests so that you can consciously manage your risks
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The goal:
We take proactive measures to conclude ongoing proceedings in your favour as quickly as possible
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We think before we act:
Our clear and well-considered recommendations help you to make informed decisions about the next steps
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Reputation under control
We ensure that your company's image is perceived positively by customers and business partners
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Step by step:
We will keep you regularly informed in detail about the progress of your case so that you always know how far we have come and what the next steps are.
Let's talk
Your experts in Poland: court and administrative proceedings
FAQ
What initial costs will I incur if I bring a payment claim?
In ordinary proceedings in property law matters, a fixed fee is charged for the claim, which is based on the value of the subject matter of the dispute and amounts to the corresponding sums:
- up to 500 PLN - 30 PLN;
- over PLN 500 up to PLN 1,500 - PLN 100
- over PLN 1,500 to PLN 4,000 - PLN 200
- over PLN 4,000 to PLN 7,500 - PLN 400
- over PLN 7,500 up to PLN 10,000 - PLN 500
-over PLN 10,000 to PLN 15,000 - PLN 750
- over PLN 15,000 and up to PLN 20,000 - PLN -1,00
In property law cases in which the value of the subject matter of the dispute or the value of the subject matter of the appeal exceeds PLN 20,000, a pro rata fee of 5% of this value, up to a maximum of PLN 200,000, shall be charged.
When can a cross-border case be brought before a Polish court?
As a rule, a person who has a place of residence (or, in the case of legal entities, a registered office) in Poland can be sued before a Polish court.
In some cases, there are also other options. In labour law cases, for example, a lawsuit can be filed not only in the state in which the employer has its registered office, but also in the place where the employee usually worked.
When asserting claims arising from a contract, it is important to check the provisions on the jurisdiction of the court (place of jurisdiction). The contracting parties can choose which court is to decide on a dispute arising from the contract or - in the absence of a choice of jurisdiction - the applicable procedural law determines where the place of jurisdiction is located. The court seized by the parties shall have exclusive jurisdiction and it is no longer possible to sue the other party in a country other than that specified in the contract.
Other examples of exclusive jurisdiction are cases in which the court of the Member State of the European Union in whose territory the property is located or in which the company or legal person has its registered office has jurisdiction over the validity, invalidity or dissolution of the company or legal person and over the validity of the decisions of its organs.
Does a party or witness in civil proceedings living abroad have to appear in person before a Polish court?
No. The Chairman may order a remote meeting ex officio or at the request of a person who is to attend the meeting and has provided an e-mail address. The deadline for the request is 7 days from the date of delivery of the notice or the convening of the meeting.
In addition, the courts may request the Polish diplomatic mission or consulate to take evidence if the person to be questioned is a Polish citizen residing abroad.
What happens if the party appearing before the Polish court does not have a sufficient command of the Polish language?
A person who is not sufficiently proficient in Polish has the right to speak in court in a language they know and to be assisted by an interpreter free of charge.
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