POLAND Law and Practice Contributed by: Rafał Waszkiewicz and Bartosz Pyzder, Sołtysiński Kawecki & Szlęzak
11. Costs 11.1 Responsibility for Paying the Costs of Litigation The unsuccessful party is obliged to reimburse the opposing party, at the latter’s request, for the costs necessary for the latter to assert its rights and defend itself. Costs include: • court fees; • expenses of the party or its attorney related to travelling to court; • the equivalent of the earnings lost due to the party’s appearance in court when its appearance is mandatory; • costs of representation by a professional attorney; • expenses made during the proceedings by the court, eg, the remuneration due to an expert wit- ness; • the costs of mediation conducted on the court’s initiative; and • the costs of incidental proceedings, eg, security proceedings. These costs are included in the pleading known as the list of costs. The attorneys’ fees that may be reimbursed are fixed by a legal regulation which means that, even if the actual remuneration paid to attorneys by the success- ful party was higher, it will not be reimbursed in the full amount. The decision on the reimbursement of costs may be challenged in an appeal or, if the party does not want to file an appeal, in a complaint. The decision regard- ing the costs of proceedings of the second instance may be challenged in a complaint addressed to the court of second instance (the complaint is heard by other judges). 11.2 Factors Considered When Awarding Costs In deciding the costs, the court takes into account the outcome of the case.
Irrespective of the outcome of the case, the court may impose an obligation on a party or an intervener to reimburse the costs occasioned by its negligent or manifestly wrongful conduct. 11.3 Interest Awarded on Costs Interest is payable on the sum awarded as the reim- bursement of legal costs at the statutory rate for delayed payment from the date the decision award- ing them became final until the date of payment. This applies only to cases initiated after 7 November 2019. If the case began before this date, there is no interest on costs. The obligation to pay interest is decided by the court ex officio. 12. Alternative Dispute Resolution (ADR) 12.1 Views of ADR Within the Country Mediation is promoted as an effective means of resolving disputes. It is the court’s responsibility to encourage the parties to resolve their dispute amica- bly and to refer them to mediation if necessary. The use of arbitration is increasing. 12.2 ADR Within the Legal System There is an obligation to provide information in the statement of claim as to whether the parties have attempted mediation or other out-of-court resolution of the dispute. Although the parties have been referred to mediation by the court, it is a voluntary process. From 1 March 2026, there will be an exception for disputes concern- ing construction works: in such disputes, the court will be obliged to refer the parties to mediation before the first hearing. There are no sanctions for unreasonably refusing ADR. 12.3 ADR Institutions Institutions offering and assisting ADR are well organ- ised. There are institutional and individual mediators.
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