Find information per region
The search tool below will help you to identify court(s)/authority(ies) competent for a specific European legal instrument. Please note that although every effort has been made to ascertain the accuracy of the results, there may be some exceptional cases concerning the determination of competence that are not necessarily covered.
1. How can third-party notice (TPN) be described in general?
In Poland, TPN is governed by Articles 84 and 85 of the Code of Civil Procedure. This concept is referred to in Polish as "przypozwanie". It consists in a party being able to call upon a future opponent to join the proceeding, as a decision which is unfavourable to the party could result in a claim (arising, for instance, from a guarantee agreement) being brought against the party by a third party. To this end, the party submits a pleading, which is served on the third party, which may then state that it is joining the case as an auxiliary intervening party.
2. What are the main effects of judgments on persons who were given TPN?
TPN does not automatically result in making the person who is the subject of the request a party to the pending proceeding. Its entry into the proceeding takes the form of an auxiliary intervention (Articles 76-78 of the Code of Civil Procedure). With the agreement of the parties, the auxiliary intervening party may take the place of the party which it has joined. Otherwise, the judgment has direct effect (but, in the case of TPN, only if it is consistent with the nature of the contested relationship or the relevant legal provision).
3. Is there a binding effect with regard to the legal assessment in the main proceeding?
If, despite being so requested, a third party does not join the proceeding, it forfeits the option of claiming misconduct of the first proceeding in any subsequent proceeding (Article 82 in conjunction with Article 85 of the Code of Civil Procedure).
4. Is there a binding effect with regard to established facts which the third person could not challenge in the main proceeding e.g. because they were uncontested by the parties?
Giving a third party notice and requesting its participation is also in the third party’s interest, because it can help achieve a positive outcome which might render any subsequent proceeding superfluous.
5. Does TPN produce its effects irrespective of whether the third person did join in the main proceeding or not?
If, despite being so requested, a third party does not join the proceeding, it forfeits the option of claiming misconduct of the first proceeding in any subsequent proceeding (Article 82 in conjunction with Article 85 of the Code of Civil Procedure).
6. Does TPN affect the relation between the third party and the opponent of the notifying party?
If the person so requested joins the proceeding, it becomes an auxiliary intervening party and may, with the agreement of the parties, take the place of the party which it has joined.
Article 74 - Description of national rules and procedures concerning enforcement can be found in the Information Sheet Procedury służące wykonaniu orzeczenia (Procedures for enforcing a judgment).
The regional court [sąd okręgowy] of the debtor's domicile or registered office or, in the absence of such a court, the regional court in whose region enforcement is pending or being carried out.
In the case of an application for refusal of recognition:
The regional court [sąd okręgowy] with jurisdiction for the case decided by the judgment or in whose region the district court [sąd rejonowy] with jurisdiction is located or, failing that, by Warsaw Regional Court.
Court of appeal [sąd apelacyjny] via the regional court [sąd okręgowy].
Supreme Court [Sąd Najwyższy] via the court of appeal [sąd apelacyjny].
Not applicable
Article 11037(4) of the Code of Civil Procedure and Article 1110 of the Code of Civil Procedure, insofar as they provide for jurisdiction for the Polish courts exclusively on the basis of one of the following circumstances concerning the applicant: Polish citizenship, domicile, habitual residence or registered office in Poland.
Articles 84 and 85 of the Code of Civil Procedure concerning third-party notice.
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.