Civil Procedure Code amendment—electronic service and mediation
On 21 August 2025, the President of Poland signed the Act of 5 August 2025 Amending the Civil Procedure Code, the Civil Code and Certain Other Acts. The key changes involve electronic service of documents, digitalisation of appellate instruments, and the increased importance of mediation.
Civil Procedure Code amendment—no more rejection of pleadings for trivial reasons
The recent amendment to the Civil Procedure Code repealed a problematic regulation that allowed the courts to reject pleadings. The regulation was abused in practice, delaying court proceedings.
Judges in their own case?
It has been a year since I wrote about the practical consequences of the constitutional crisis in Poland. Then I discussed the Constitutional Tribunal judgment of 8 May 2024 (case no. SK 59/21), which held that the inability to challenge an order denying relief from paying court costs (fee on appeal) issued for the first time by the appellate court is unconstitutional. To this day, that judgment has yet to be published, and it appears that the holding is not being respected—likewise for the judgment of 4 June 2024 (case no. SK 140/20) on the calculation of pensions for some 200,000 people who elected to take early retirement.
Cross-border litigation enters the digital era
Judicial cooperation between the member states in cross-border civil, commercial and criminal matters is vital for integration of European markets and creation of a space of freedom, security and justice within the European Union. To streamline access to justice, member states have implemented their own IT solutions, in turn creating a need to unify these systems at the EU level. This is the aim of the EU’s Digitalisation Regulation (2023/2844).
Principle of transparency and certainty of terms in public contracts and beyond
The principle of transparency and certainty of terms are essential for ensuring fair and efficient trade, particularly within the public procurement sector. A case currently before the Court of Justice of the European Union (C-82/24), in which we have the privilege of representing the contractors, underscores the dangers of interpreting contractual terms unpredictably after a contract is awarded, and issues that can arise if governing law is applied inconsistently or arbitrarily to public contracts, disregarding the principle of party autonomy. The opinion issued in the case by Advocate General Sánchez-Bordona explains how EU law can safeguard contractors by preventing such risks.
Who has standing to sue in the case of a consortium, and does completion of contract performance preclude a claim for modification under Art. 357(1) of the Civil Code?
In the judgment of 24 July 2024 (case no. II CSKP 968/22), the Supreme Court of Poland ruled on doubts regarding legal standing to assert a demand for either contract modification or payment under Art. 3571 of the Civil Code in the event of an extraordinary change of circumstances (the rebus sic stantibus clause), on the part of a consortium of entities executing a public contract for a contracting authority. The court also commented on whether a claim under Art. 3571 can be made after the contract has been fully performed. This ruling is very important for contractual practice in Poland.
Will giving up on a delayed flight exclude compensation?
Since the landmark Court of Justice ruling in 2009 in C-402/07, Sturgeon, it has generally been accepted that when it comes to the right to compensation from an air carrier under the Air Passengers Rights Regulation, a flight delay of more than three hours puts the passenger in the same position as if the flight were cancelled. But in 2024, the Court of Justice held in C-474/22, Laudamotion GmbH v flightright GmbH, that the case is not so clear-cut, and there are somewhat different rights and obligations associated with flight delay than with flight cancellation.
Extension of the relief sought on appeal should be more available
For years, the rules limiting the extension of a claim on appeal have been a challenge for counsel determining their litigation strategy when seeking damages in tort cases. Over many years of court proceedings, the value of the claims may change as prices rise. But the Polish courts require the amount of the claims to be frozen as of the time of entering the judgment in the first instance, even though there is a long way before the end of the court dispute.
Reduction in fees for requests for a statement of grounds for rulings
The Polish parliament has reduced the fees on some requests for a statement of the grounds for rulings in civil proceedings. In these cases, the fee has dropped from PLN 100 to PLN 30. This fee will continue to be credited against the fee payable on the appeal.
Cheaper requests for conciliation
New rules for payment of court fees on requests for conciliation in Polish civil proceedings have been in effect since 28 September 2023. The parliament has heavily reduced the fees to make the institution more attractive, after it ceased to interrupt the limitations period but only suspends it.
The purpose of referral to arbitration
Generally, dispute resolution is entrusted to state courts, but the parties can renounce this jurisdiction in favour of arbitration. Typically, the parties elect arbitration in an arbitration clause included in their original contract, signed well before any dispute arises. In other cases, after a dispute arises, the parties may agree to seek arbitration by signing a post-dispute referral to arbitration.
Conversion of state court proceedings into arbitration proceedings
On 1 July 2023, another major amendment to the Polish Civil Procedure Code enters into force. The changes involve general provisions, consideration of the merits, interim relief, enforcement, and arbitration. In this article, we will examine the amendments to Part Five of the Civil Procedure Code—the arbitration chapter.
