Costs

Poland

In this case study on commercial law – contract, Member States were asked to advise the seller on litigation costs in order to consider the following situations: Case A – National situation: A company delivered goods worth 20.000 euros. The seller has not been paid because the buyer considers that the goods do not conform to what was agreed. The seller decides to sue to obtain the full payment of the price. Case B – Transnational situation: A company whose head office is located in Member State B delivers goods worth 20.000 euros to buyer in Member State A. The contract is subject to Member State B’s law and written in Member State B’s language. This seller has not been paid because the buyer located in Member State A considers that the goods do not conform to what was agreed. The seller decides to sue in Member State A to obtain full payment of the price as provided under the contract with the buyer.

Content provided by:
Poland

Costs in Poland

Case n° 4 (in 4 B- the country when the seller sues the buyer is Poland – in that case, the fees, expenses and conditions are the same than in case A. According to that, there is no need to fill in the table).

Costs for court, appeals and alternative dispute resolution


Case Study

Court

Appeals

ADR

Initial court fees

Transcription fees

Other fees

Initial court fees

Is this option open for this type of case?

Costs

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

--

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. If the value of the object of litigation changes during the procedure, the fee is calculated in the same way – the percentage is still the same but the final sum changes, as another calculation base is used.

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. If the value is approximately 90 000 PLN, the fees will be not less than 3.600 PLN

No

--

--

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 Articles 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 litigation

--

--



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

--

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

--



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  

--

--

--

--


Last update: 06/11/2020

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.