Costs

Poland

In this case study on commercial law – responsibility, Member States were asked to advise the customer on litigation costs in order to consider the following situations: Case A – National situation: A heating equipment manufacturer delivers a heater to an installer. The installer on-sells (and installs) the heater to a customer to equip his/her house. The house catches fire shortly thereafter. Every participant (heating equipment manufacturer, installer, end-customer) is insured. The origin of the fire is contested. Nobody wants to compensate the customer. The customer decides to sue for full compensation the heating equipment manufacturer, the heating equipment installer and the insurance companies. Case B – Transnational situation: A heating equipment manufacturer in a Member State B delivers heater to an installer in a Member State C. The installer on-sells the heater (and installs) the heater to a customer in Member State A to equip his/her house. The house catches fire shortly thereafter. Each participant (heating equipment manufacturer, installer, end-customer) is insured by an insurance company in its own Member State. The origin of the fire is contested. Nobody wants to compensate the customer. The customer decides to sue in Member State A for full compensation the heating equipment manufacturer, the heating equipment installer and the insurance companies in Member State A.

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Poland

Costs in Poland

Case n° 5 (in 5 B- the country when the consumer sues the installer and the equipment company is Poland – in that case, the fees, expenses and conditions are the same as in case A.

Costs for Court, Appeals and Alternative Dispute Resolution


Case Study

Court

Initial court fees

Transcription fees

Other fees

Case A

Depends on the value of the object of litigation. According to the Act on Judicial Costs in Civil Cases the fee is 5% of the value, but not less than 30 and not more than 100,000 PLN

For each copy, judgements with enforcement, copies of judgement with legal force – 6 PLN. If those documents are in a foreign language or contain tables – 12 PLN for each page.

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Case Study

Appeals

Initial court fees

Transcription fees

Other fees

Case A

Depends on the value of the object of litigation. According to the Act on costs in civil cases – the fee is 5% of the value, but not less than 30 and not more than 100,000 PLN. But the value of the object of litigation can change during the procedure. Where this is the case, the fee is calculated in the same way – the percentage is still the same but the final sum is not as another calculation base is used.

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Case Study

ADR

Is this option open for this type of case?

Costs

Case A

Parties are free to opt for ADR

If the court accepts the enforceability clause, 50 PLN



Costs for lawyer, bailiff and expert


Case Study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgement costs

Post-judgement costs

Is use compulsory?

Cost

Case A

No

Depends on the value of the object of litigation.

No

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No

If the court accepts the enforceability clause, 50 PLN



Costs for witness compensation, pledge or security and other relevant fees


Case

Study

Witness compensation

Pledge or security

Other fees

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Cost

Description

Cost

Case A

Yes

Costs of transport, lost earnings, accommodation, according to article 85 to 88 of the Act on Judicial Costs in Civil Cases

Yes. The value of the object of litigation is taken into consideration.

Depends on the value of the object of the litigation

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Costs for legal aid and other reimbursement



Case

study

Legal Aid

Reimbursement

When and under what conditions is it applicable?

When is support total?

Conditions?

Can the winning party obtain reimbursement of litigation costs?

If reimbursement is not total, what is percentage in general?

What costs are never reimbursed?

Are there instances when legal aid should be reimbursed to the legal aid organisation?

Case A

A party exempted from legal costs can apply for legal aid. The court decides if the participation of a professional attorney is needed

Depends on court decision

If the costs are excessive or will cause financial hardship to the party

General rules apply, depending on the circumstances.

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Balance of costs higher than what was essential and appropriate to the case

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Costs for translation and interpretation


Case

study

Translation

Interpretation

Other costs specific to cross-border disputes?

When and under what conditions is it necessary?

Approximate cost?

When and under what conditions is it necessary?

Approximate cost?

Description

Approximate cost?

Case A

If documents are submitted to the court in another language

According to the Minister of Justice’s Regulations of 24 January 2005  

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Last update: 04/03/2024

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