Commercial litigation in Polish courts – structure

A German supplier ships machinery worth EUR 800,000 to a Warsaw distributor. The distributor refuses to pay, citing alleged defects. The supplier's management team has never dealt with Polish courts before. They ask one question: how long will this take, and what will it cost?

Commercial litigation before Polish civil courts follows a structured multi-stage process governed by the Kodeks postępowania cywilnego (Code of Civil Procedure, KPC). Cases filed in the commercial division of a regional court (sąd okręgowy) typically reach a first-instance judgment within 12 to 24 months, depending on complexity and the court's caseload. Court fees are capped at PLN 200,000 for a single claim, and legal costs are partially recoverable from the losing party.

This guide walks through the full litigation cycle – from filing to enforcement – covering the key procedural stages, cost structures, and strategic decisions that shape outcomes in Polish commercial disputes. Three business scenarios illustrate how the framework applies in practice.

How is the Polish commercial court system structured?

Polish commercial litigation operates within a two-tier court structure for first-instance proceedings. Claims below PLN 100,000 are filed in the district court (sąd rejonowy), while larger claims go to the regional court (sąd okręgowy). The National Court Register (KRS), maintained by the registry divisions of regional courts, provides the official record of counterparties' corporate status – a starting point for any pre-litigation check.

Each regional court has a dedicated commercial division. Warsaw's Commercial Court at the Regional Court for the Capital City of Warsaw is among the busiest in the country, handling several thousand new commercial cases each year. Poznań, Kraków, and Wrocław regional courts also carry significant commercial dockets. The Polish Financial Supervision Authority (KNF) may be a relevant institution where disputes touch on regulated financial entities, as its public register helps verify counterparty licensing.

Appeals from district courts go to regional courts. Appeals from regional courts go to the Court of Appeal (sąd apelacyjny). A further cassation complaint to the Supreme Court of Poland (Sąd Najwyższy) is available only on specific legal grounds – it is not a third full review on the merits. That three-tier structure means a fully contested case can run four to six years from filing to final resolution.

District court (sąd rejonowy) – claims up to PLN 100,000
Regional court (sąd okręgowy) – claims above PLN 100,000
Court of Appeal (sąd apelacyjny) – appeal from regional courts
Supreme Court – cassation only, restricted grounds

Foreign investors often underestimate the appellate timeline. An appeal hearing at the Court of Appeal in Warsaw can take 12 to 18 months after the first-instance judgment. Planning litigation strategy without accounting for that second stage is a common and costly mistake.

What are the key procedural stages and deadlines?

Polish commercial procedure begins with a written statement of claim (pozew). The claimant must specify the value of the claim, attach supporting evidence, and pay the court fee upfront. The court then serves the claim on the defendant, who has 14 days to respond in summary proceedings or a court-set deadline (typically four to six weeks) in standard proceedings. Missing that response deadline carries serious consequences – the court may issue a default judgment.

The first substantive hearing usually takes place three to six months after filing. Under the KPC's rules on commercial proceedings, both parties are required to present all their evidence and arguments in the initial exchange of pleadings. Introducing new evidence at a later stage is restricted. This front-loading obligation means that a poorly prepared statement of claim – one that omits key documents or fails to identify all witnesses – forfeits significant procedural ground. That loss is difficult to reverse.

We secured a reversal of a disputed contractual penalty exceeding PLN 1.8m for a manufacturing client in the Mazowieckie region (autumn 2025). The outcome turned on evidence introduced at the pleadings stage; late submissions would have been inadmissible.

Key procedural deadlines to track:

Court fee payment – due at filing; non-payment results in return of the claim
Defendant's response – 14 days (summary) or court-set deadline
Evidence disclosure – must be complete in the first pleading exchange
Appeal – 14 days from service of the written judgment with reasoning
Cassation – two months from service of the appellate judgment

One procedural tool that receives insufficient attention is the order for payment (nakaz zapłaty). Where a claim is based on a document signed by the defendant – a contract, invoice, or promissory note – the court can issue this order without a hearing. The defendant then has 14 days to raise objections. If no objection is filed, the order becomes immediately enforceable. For straightforward debt recovery, this route can produce an enforceable title within four to eight weeks.

For a tailored strategy on your commercial claim in Poland, reach out to info@kordeckipartners.com.

What do costs look like, and how are they recovered?

Court fees in Polish commercial litigation are calculated as a percentage of the claim value. The standard rate is 5% of the claim, subject to a maximum of PLN 200,000. A claim worth PLN 2m therefore attracts a court fee of PLN 100,000. That fee must be paid by the claimant at the time of filing – failure to pay leads to the claim being returned without substantive review.

Legal costs – attorney fees – are recoverable from the losing party, but only up to the statutory tariff amounts set by the Minister of Justice. For claims above PLN 1m, the tariff ceiling is PLN 25,000 per instance. In practice, actual legal costs for complex commercial litigation are significantly higher. The gap between tariff recovery and real expenditure is a factor that claimants should build into their litigation budget from the outset.

Three cost scenarios illustrate the range:

Simple debt recovery (PLN 300,000 claim): Court fee PLN 15,000. Legal fees PLN 15,000–30,000 per instance. Total exposure: PLN 30,000–45,000 at first instance.
Mid-size commercial dispute (PLN 2m claim): Court fee PLN 100,000. Legal fees PLN 40,000–80,000. Total exposure: PLN 140,000–180,000 at first instance.
Complex cross-border claim (PLN 10m claim): Court fee PLN 200,000 (capped). Legal fees PLN 100,000–200,000+. Total exposure: PLN 300,000–400,000+ at first instance.

Expert witnesses add further cost. Commercial disputes involving accounting, construction, or technical matters typically require a court-appointed expert (biegły sądowy). Expert fees range from PLN 5,000 to PLN 50,000+ depending on scope. The party requesting the expert usually advances the fee, with recovery dependent on the final cost award.

Interim measures (zabezpieczenie powództwa) are available before or during proceedings. A court can freeze bank accounts, attach real property, or prohibit the disposal of assets. The claimant must demonstrate a plausible claim and a credible risk that enforcement will be impossible without the measure. Obtaining interim measures before the defendant can dissipate assets is often the single most important step in recovering a large judgment.

How do three business scenarios play out in practice?

Understanding the framework in the abstract is one thing. Seeing how it applies to specific business situations is more useful. The three scenarios below – a foreign investor, a domestic manufacturer, and an IT services company – illustrate different strategic choices at each stage of litigation.

Scenario 1 – Foreign investor (Italian company, cross-border supply dispute): An Italian manufacturer supplies components to a Polish assembler. The assembler withholds payment, claiming quality defects. The Italian company files in the regional court in Warsaw. The first step is jurisdictional: the contract's governing law clause and any arbitration clause must be reviewed before filing. If the contract is silent, Polish courts will likely apply Polish law under EU conflict-of-laws rules. Proceedings take 18 to 24 months at first instance. For context on cross-border enforcement, see our analysis of dispute resolution for Italian companies doing business in Poland.

Scenario 2 – Domestic manufacturer (Silesia, construction subcontractor dispute): A Silesian subcontractor claims PLN 4m in unpaid fees from a general contractor. The general contractor counterclaims for delay penalties. This type of case typically involves a court-appointed construction expert, adding six to nine months and PLN 20,000–40,000 in expert costs. Our team obtained interim measures protecting assets worth over EUR 2m for a construction subcontractor in Lower Silesia (spring 2025). The freeze was granted within 72 hours of filing.

Scenario 3 – IT services company (Warsaw, software licensing dispute): A Warsaw-based software company is sued by a client claiming the delivered system did not meet contractual specifications. The case requires a technical IT expert. The defendant (the software company) files a counterclaim for unpaid licence fees. Parallel proceedings – main claim and counterclaim – run together but can create strategic complexity around sequencing evidence. A well-structured employment and staffing arrangement for key technical witnesses can affect how evidence is gathered and presented.

Each scenario highlights a different pressure point: jurisdiction and governing law for foreign investors, expert evidence timelines for construction disputes, and counterclaim management for service companies. Identifying the pressure point early shapes the entire litigation strategy.

What are the most common mistakes in Polish commercial litigation?

The front-loading requirement in Polish commercial procedure creates a specific risk: parties that treat the statement of claim as a preliminary document – intending to develop their case later – lose procedural options that cannot be recovered. Polish courts are strict about late evidence. A claimant who omits a key witness from the initial pleading may find that witness excluded at trial.

A second common mistake is ignoring the arbitration clause. Many commercial contracts concluded between Polish and foreign parties include an arbitration clause referring disputes to the Court of Arbitration at the Polish Chamber of Commerce (Sąd Arbitrażowy przy Krajowej Izbie Gospodarczej) or to international institutions. Filing a state court claim when a valid arbitration clause exists leads to dismissal on procedural grounds – typically after months of wasted time and cost. Checking the dispute resolution clause before filing is not optional.

Third: underestimating enforcement. Winning a judgment is not the same as recovering money. Where the defendant has dissipated assets by the time judgment is obtained, enforcement becomes a separate and sometimes lengthy process. Interim measures applied for at the outset – before the defendant is alerted – protect the practical value of the litigation. Waiting until after judgment to think about enforcement forfeits that protection entirely.

What to prepare before filing:

Full contractual documentation, including all amendments and correspondence
Evidence of the defendant's current financial position and asset base
Review of any arbitration or jurisdiction clause in the contract
Assessment of interim measures – freeze orders, asset attachments
Litigation budget covering court fees, legal fees, and expert costs

Sanctions compliance is a separate but related concern for cross-border disputes. Where a counterparty is subject to EU or US sanctions, engaging in litigation – including paying court fees or receiving judgment proceeds – may require prior authorisation. That analysis should be completed before filing. For enforcement of foreign judgments in Poland, including the recognition of Italian court decisions, see our step-by-step guide on enforcing an Italian judgment in Poland.

Your company's specific situation – the size of the claim, the counterparty's financial position, and the contract's governing law clause – determines whether litigation in Polish courts is the right instrument, or whether arbitration in Poland or a negotiated settlement delivers better economics. Delaying that assessment while the counterparty moves assets is an irreversible loss.

To receive an expert assessment of your commercial dispute in Poland, contact info@kordeckipartners.com.

Frequently asked questions

Q: How long does commercial litigation in Polish courts typically take from filing to final judgment?

A: A first-instance judgment in the regional court commercial division typically takes 12 to 24 months from the date of filing. An appeal to the Court of Appeal adds a further 12 to 18 months. A cassation complaint to the Supreme Court, where available, can add another 12 to 24 months. Parties should plan for a total timeline of two to five years for fully contested proceedings. Simple debt recovery using the order-for-payment procedure can produce an enforceable title in four to eight weeks where the defendant does not contest.

Q: Is it a misconception that Polish courts always require local Polish counsel?

A: Foreign lawyers cannot represent parties directly before Polish courts. A Polish advocate (adwokat) or legal counsel (radca prawny) must be retained for court appearances. However, foreign counsel can work alongside Polish attorneys to manage strategy, coordinate with the client, and handle cross-border legal analysis. The practical implication is that foreign companies should budget for both local Polish representation and, where relevant, coordination with their home-country advisers from the start of proceedings.

Q: What is a KIO appeal, and when does it apply in commercial disputes?

A: A KIO appeal refers to proceedings before the National Appeals Chamber (Krajowa Izba Odwoławcza, KIO), which handles challenges to public procurement decisions. It is not part of the general commercial court system. Where a commercial dispute arises from a public procurement contract – for example, a claim by a contractor who was unlawfully excluded from a tender – the KIO is the first forum for challenge. KIO proceedings are fast: a hearing typically takes place within 15 days of filing. Decisions can be appealed to the regional court within seven days.

KORDECKI & Partners is a law firm based in Warsaw and Krakow, advising business clients across 30 jurisdictions. Our team combines expertise in Polish and international law with a practical approach to commercial litigation, arbitration Poland proceedings, and cross-border dispute resolution. We work with Polish entrepreneurs, foreign investors, and in-house legal teams. Our disputes practice covers litigation Warsaw courts, arbitration, sanctions compliance analysis, and enforcement of foreign judgments. To discuss your situation, contact info@kordeckipartners.com.