Court Proceedings in Poland for Businesses: What Foreign Companies Should Expect

Court proceedings in Poland for businesses are formal civil procedures used to resolve commercial disputes before Polish state courts, including claims for payment, liability for breach of contract, shareholder conflicts, unfair competition matters, and disputes arising from business cooperation.

This is informational material, not legal advice. The assessment of jurisdiction, evidence, costs, and litigation risk always depends on the contract, the parties, the place of performance, and the procedural history of the dispute. Lawyersinpoland.com by Kopeć & Zaborowski provides legal insight for foreign companies assessing litigation and dispute risk in Poland.

Business litigation Poland: when Polish courts may hear the case

For companies from the European Union, jurisdiction is usually assessed under Regulation (EU) No 1215/2012, especially Article 4 on the defendant’s domicile and Article 25 on jurisdiction agreements [1]. If the defendant is based in Poland, Polish courts will often have jurisdiction. If the contract contains a Polish jurisdiction clause, Polish courts may also be competent.

For companies from outside the EU, jurisdiction may depend on the Polish Code of Civil Procedure, an international treaty, or the specific contractual arrangement [2]. Foreign claimants should verify this before filing. A claim submitted to the wrong court can generate delay, additional costs, and limitation-period risk.

Three exceptions should be checked at the outset:

• an arbitration clause, which may exclude state court jurisdiction if properly invoked;
• an exclusive jurisdiction rule, for example in certain real estate or corporate registration matters;
• a valid contractual jurisdiction clause, which may move the dispute to a court chosen by the parties.

Commercial court Poland process: main stages

Commercial cases are generally handled under separate provisions on proceedings in commercial matters in Articles 458¹ to 458¹³ of the Polish Code of Civil Procedure [2]. These rules are stricter than ordinary civil proceedings. They are designed to make business disputes more concentrated, but they also increase the importance of early case preparation.

The typical commercial court Poland process includes:

1. pre-litigation analysis of jurisdiction, limitation periods, contract terms, evidence, and recovery prospects;
2. filing the statement of claim with supporting documents and payment of the court fee;
3. service of the claim on the defendant, including cross-border service where applicable;
4. filing the statement of defence;
5. exchange of further pleadings only if allowed or ordered by the court;
6. evidence proceedings, including documentary evidence, witness testimony, expert opinions, and party hearings;
7. judgment and, where justified, appeal proceedings.

In business cases, the first procedural documents are critical. Under Article 458⁵ of the Polish Code of Civil Procedure, a party should generally present all allegations and evidence at the earliest stage. Late submissions may be disregarded unless the party makes it plausible that earlier submission was not possible or that the need to submit them arose later [2].

Evidence in Polish courts commercial cases

Evidence in Polish courts commercial proceedings is document-focused. Contracts, invoices, delivery confirmations, correspondence, internal approvals, payment records, notices of breach, and termination letters often decide the direction of the case.

Witness testimony is possible, but in commercial proceedings it has a more limited role. Article 458¹⁰ of the Polish Code of Civil Procedure provides that the court may admit witness evidence only if, after other evidence has been exhausted or in its absence, relevant facts remain unexplained [2]. This rule makes documentary discipline essential for foreign companies operating in Poland.

Documents in a foreign language may require translation into Polish. In practice, courts often expect certified translations where a document is material to the dispute. The need for translation and the consequences of defects depend on the document, the court’s order, and the role of the evidence in the case.

How long does a lawsuit take in Poland?

There is no fixed duration for business litigation Poland proceedings. A straightforward payment case with strong documents may finish faster, especially if the defendant does not actively dispute the claim. A complex commercial dispute involving expert evidence, cross-border service, several witnesses, or interim applications may take significantly longer.

As a practical business estimate, first-instance commercial proceedings may last from several months to a few years. Appeal proceedings can add further time. Delays may result from service abroad, expert evidence, court workload, procedural errors, or attempts by the opposing party to broaden the dispute.

Time risk should be assessed together with cash-flow impact, enforcement prospects, reputational exposure, and the possibility of settlement. Litigation may be legally justified but commercially inefficient if the defendant has no assets or if enforcement is likely to be difficult.

Litigation costs Poland business: court fees and legal expenses

The main cost at filing is the court fee. In monetary claims, Article 13 of the Act on Court Costs in Civil Cases provides fixed fees for claims up to PLN 20,000 and a proportional fee of 5 percent of the value of the dispute for claims exceeding PLN 20,000, but not more than PLN 200,000 [3]. For lower-value claims, fixed fees range from PLN 30 to PLN 1,000. Other costs may include translations, expert opinions, notarial or apostille expenses, travel costs, and legal representation.

The losing party may be ordered to reimburse certain costs to the winning party. However, recoverable attorney fees are often based on statutory rates, not necessarily the full amount paid under a commercial fee arrangement. This distinction is important for budgeting.

Foreign claimants should also consider security for costs. Depending on the claimant’s seat, applicable treaties, and assets in Poland, the defendant may attempt to request security under the Polish Code of Civil Procedure. The availability and scope of this mechanism are fact-dependent and should be checked before filing.

Foreign claimant Poland court: practical requirements

A foreign company acting before a Polish court must prove its legal existence and proper representation. This often requires a current company register excerpt, corporate documents, powers of attorney, and translations. If documents originate abroad, legalization or an apostille may be needed, depending on the country of origin and the document type [4].

Cross-border service is another practical issue. Within the EU, service of judicial documents is governed by Regulation (EU) 2020/1784 [5]. Outside the EU, the Hague Service Convention may apply if both states are parties [6]. Service problems can materially extend the duration of proceedings.

Foreign companies should also assess interim measures. Polish courts may grant security for claims if the claimant demonstrates a prima facie claim and a legal interest in security, under Articles 730 and following of the Polish Code of Civil Procedure [2]. This can be relevant where assets may be dissipated before judgment.

Business risk management before filing a claim

Before starting litigation, a company should identify the commercial objective. The goal may be payment, injunction, contractual termination, protection of reputation, recovery of assets, or pressure for settlement. Each objective requires a different procedural strategy.

Key questions include whether the claim is well documented, whether the defendant is solvent, whether evidence is located in Poland or abroad, whether reputational issues may arise, and whether the dispute may trigger criminal, regulatory, or compliance consequences. In fraud, mismanagement, or white-collar crime scenarios, civil litigation should be coordinated with potential criminal notifications and internal investigations.

For a case-specific assessment of court strategy, evidence, costs, and enforcement risk in Poland, contact the law firm.

FAQ: Court Proceedings in Poland for Businesses

Can a foreign company file a lawsuit in Poland?

Yes. A foreign company may file a lawsuit in Poland if Polish courts have jurisdiction and the company can prove its legal existence and proper representation. The basis depends on EU rules, Polish procedural law, treaties, and the contract.

How long does a lawsuit take in Poland?

A simple commercial case may take several months, while complex proceedings can last a few years at first instance. Appeals, expert evidence, and service abroad may extend the timeline.

What evidence is most important in Polish commercial courts?

Documents are usually the most important evidence. Contracts, invoices, delivery records, notices, emails, and payment confirmations should be collected before filing. Witness evidence is limited in commercial proceedings under Article 458¹⁰ of the Polish Code of Civil Procedure.

How much are court fees in Polish business litigation?

For monetary claims, Article 13 of the Act on Court Costs in Civil Cases provides fixed fees for claims up to PLN 20,000 and a proportional fee of 5 percent of the value of the dispute for claims exceeding PLN 20,000, with a maximum of PLN 200,000.

Is arbitration possible instead of a Polish court case?

Yes, if the parties agreed to arbitration in a valid arbitration clause. The effect of the clause depends on its wording, scope, and whether it is properly invoked in the proceedings.

Can a Polish court secure a claim before judgment?

Yes. Under Articles 730 and following of the Polish Code of Civil Procedure, a claimant may request interim security if it demonstrates a prima facie claim and a legal interest in protection.

Bibliography

• [1] Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
• [2] Act of 17 November 1964 – Polish Code of Civil Procedure, including Articles 730 et seq. and Articles 458¹-458¹³.
• [3] Act of 28 July 2005 on Court Costs in Civil Cases, including Article 13.
• [4] Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents.
• [5] Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters.
• [6] Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.