POLAND Law and Practice Contributed by: Rafał Waszkiewicz and Bartosz Pyzder, Sołtysiński Kawecki & Szlęzak
of first instance depends on the matter of the challenged decision. 10.3 Procedure for Taking an Appeal Appeals must be filed with the court which issued the contested judgment within two weeks of ser- vice of the reasoned judgment on the applicant. The time limit for the appeal is three weeks if the deadline for preparing the written reasons for the judgment is extended. The deadline for the complaint is one week and cannot be extended. 10.4 Issues Considered by the Appeal Court at an Appeal Appeals must be filed with the court which issued the contested judgment within two weeks of ser- vice of the reasoned judgment on the applicant. The time limit for the appeal is three weeks if the deadline for preparing the written reasons for the judgment is extended. The deadline for the complaint is one week and cannot be extended. 10.5 Court-Imposed Conditions on Granting an Appeal The court cannot impose any conditions on granting an appeal. 10.6 Powers of the Appellate Court After an Appeal Hearing The court of second instance may: • dismiss the appeal; • modify the judgment and rule on the merits; • overturn the contested judgment and refer the case back for further examination; or • overturn the contested judgment and dis- continue the proceedings if the statement of claim is rejected (eg, because of the lack of jurisdiction of Polish courts) or if the claimant withdraws the statement of claim.
In the judgment, the court of appeal should pre- sent its view on the case; in particular, it should make its own assessment of the evidence (if, in the appeal, the party alleged the wrongful asser- tion of evidence or a mistake in establishing the facts). The court of appeal is obliged to make a legal assessment of the case, which may result in a change of the contested judgment if the legal assessment differs from the one made by the court of first instance. 11. Costs 11.1 Responsibility for Paying the Costs of Litigation The unsuccessful party is obliged to reimburse the opponent, at the latter’s request, for the costs necessary to assert their rights and defend themselves. Costs include: • court fees; • expenses related to travelling to court by the party or their attorney; • the equivalent of the earnings lost due to the party’s appearance in court when their appearance is mandatory; • costs of representation by a professional attorney; • expenses made during the proceedings by the court, eg, the remuneration due to the expert witness; • the costs of mediation conducted from the court’s initiative; and • the costs of incidental proceedings, eg, secu- rity proceedings. These costs are included in the pleading known as the list of costs.
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