POLAND Law and Practice Contributed by: Rafał Waszkiewicz and Bartosz Pyzder, Sołtysiński Kawecki & Szlęzak
substantive law provides for many shorter limita- tion periods for specific claims. If the period of limitation is two years or longer, the end of the period of limitation falls on the last day of the calendar year. A creditor’s accrual of limitations begins when the claim becomes due. If the maturity of the claim depends on an act of the creditor, the limi- tation begins on the day when the claim would have become mature if the creditor undertook the act at the earliest possible opportunity. How- ever, in specific cases, substantive law may pro- vide for other triggers of limitation. Limitation is taken into account only if the debtor raises the statute of limitations. However, the time limitation of a claim against the consumer is taken into account ex officio. 3.3 Jurisdictional Requirements for a Defendant The jurisdiction of the Polish courts in interna- tional cases is guided by: • the Code of Civil Procedure; • international agreements; and • Regulation (EC) No 1215/2012 (the “Recast Brussels Regulation”). A defendant residing, sitting or domiciled in Poland will be subject to the jurisdiction of Pol- ish courts. In specific cases, the Polish courts have jurisdiction determined based on the place where the contract was performed, the location of the real estate, or the location where the dam- age occurred. Moreover, in most cases, the par- ties can agree on the jurisdiction of the Polish courts.
The Code of Civil Procedure provides for the regulations of local and functional jurisdictions. Local jurisdiction depends, as a rule, on the domicile or the seat of the defendant but, in specific matters, the local jurisdiction depends on the matter in dispute. If the local jurisdiction is not exclusive, the parties can agree on the jurisdiction of another court. Functional jurisdiction depends on the matter in dispute; it cannot be changed by the parties. 3.4 Initial Complaint The letter initiating the proceedings is the state- ment of claim. It must meet formal requirements and must contain the claim, an indication of the facts supporting it and evidentiary motions. It determines the scope of the case, but the claim- ant may put forward additional facts and argu- ments after the statement of claim has been lodged if a possibility or a need to mention them occurred later. The statement of claim does not have to contain the legal analysis of the case. When filing the statement of claim, the claimant is obliged to pay the court fee. The documents proving the claim should be attached to the statement of claim. In general civil proceedings, the statement of claim can be amended; however, this possibility is severely limited in commercial disputes. The claimant can withdraw the statement of claim during the proceedings but, in some cases, the defendant’s consent is required. 3.5 Rules of Service The claimant must send a copy of the statement of claim for the defendant to the court (togeth- er with the copy for the court). The court then serves a copy on the defendant via mail. Then, during the proceedings, professional attorneys
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