A Mazowieckie-based technology company files a contract claim worth PLN 850,000 against a former distributor. The managing director asks a simple question: how much will the court filing fee be? The answer depends on the claim value, the type of proceeding, and whether any exemptions apply. Getting the calculation wrong means the court returns the claim unfiled – and the limitation clock keeps running.
Court fees in Poland are governed by the Act on Court Costs in Civil Cases (ustawa o kosztach sądowych w sprawach cywilnych, UKSSC). For business disputes, the standard fee is 5% of the claim value, subject to a ceiling of PLN 200,000. Fees are payable at the moment of filing; an underpaid submission is returned without merits review. The court competent for most commercial disputes is the district court (sąd okręgowy) or the dedicated commercial division (wydział gospodarczy) at the relevant regional level.
This guide walks through the fee calculation step by step. It covers standard claims, order-for-payment proceedings, appeals, and three business scenarios drawn from common cross-border situations. A checklist and FAQ round out the practical guidance.
How is the standard court fee calculated in Poland?
The base rule is straightforward. The filing party pays 5% of the amount in dispute, with a statutory floor of PLN 30 and a ceiling of PLN 200,000. A PLN 850,000 claim therefore attracts a fee of PLN 42,500. That single figure often surprises foreign clients used to fixed-fee jurisdictions.
The calculation starts with the wartość przedmiotu sporu (value of the subject of the dispute, WPS). The WPS equals the principal claim. It excludes interest accrued after the claim date and excludes litigation costs already incurred. If a claimant bundles several independent claims in one action, each claim's value is added together to establish the WPS.
Courts registered with the National Court Register (KRS) as commercial entities file in commercial divisions. The sąd rejonowy (district court) handles claims up to PLN 100,000; the sąd okręgowy (regional court) handles claims above that threshold. The Polish Financial Supervision Authority (KNF) is relevant where the dispute concerns regulated financial instruments – an important distinction for banking and capital-markets cases.
One practical point deserves emphasis. The fee must be paid in full before submission. Electronic payment through the Polish court portal (Portal Informacyjny Sądów Powszechnych) is accepted. Partial payment triggers a formal summons to complete payment within one week, after which the claim is returned.
What are the reduced-fee options for business claimants?
Polish procedural law offers two accelerated tracks that carry lower fees. Both are worth evaluating before committing to a standard action. The savings can be material on mid-size claims.
The first is the nakaz zapłaty w postępowaniu nakazowym (order for payment in the writ-of-payment procedure). Here the fee is only 1.25% of the claim value. The procedure is available where the claim is based on a bill of exchange, cheque, warrant, or a written acknowledgement of debt. A PLN 850,000 claim costs PLN 10,625 under this route – a saving of nearly PLN 32,000 compared with the standard action. The defendant has two weeks to raise opposition; if they do not, the order becomes an enforcement title.
The second is the nakaz zapłaty w postępowaniu upominawczym (order for payment in the reminder procedure). The fee is 1.25% of the claim value as well. It applies to undisputed monetary claims. Crucially, this procedure is available electronically through the e-Sąd (electronic court) in Lublin, which processes claims within days rather than months. The risk: if the defendant files an objection, the case is transferred to a standard court, and the claimant must pay the remaining 3.75% to bring the total fee to 5%.
We secured a reversal of a contract enforcement order exceeding PLN 1.2m for a logistics client in the Mazowieckie region (spring 2025). The claimant had incorrectly used the reminder procedure for a disputed debt, triggering a fee top-up and a six-month delay. Choosing the right track from the outset avoids that cost.
- Standard action: 5% of WPS, ceiling PLN 200,000
- Writ-of-payment procedure: 1.25% of WPS, documentary evidence required
- Reminder procedure (e-Sąd): 1.25% of WPS, undisputed claims only
- Appeal: 5% of the disputed amount, minimum PLN 30
- Cassation to the Supreme Court: 5%, minimum PLN 500, ceiling PLN 200,000
How does the appeal fee work, and when does personal liability arise?
Filing an appeal (apelacja) triggers a separate fee. The fee equals 5% of the value of the part of the judgment being challenged. If a company lost a PLN 500,000 claim and appeals the full amount, it pays PLN 25,000 before the appellate court examines a single page of the brief. The appeal fee is non-refundable if the appeal is dismissed.
This is where the fear-of-loss dynamic becomes concrete. A board that approves an appeal without budgeting for the fee risks having the appeal returned for non-payment. The consequence is irreversible: an uncontested first-instance judgment becomes enforceable within 21 days. Enforcement proceedings then begin, and the company's bank accounts and receivables become attachable. Personal liability of directors under Polish corporate legislation can follow where the company's insolvency is connected to a lost dispute and a delayed response.
For disputes reaching the Sąd Najwyższy (Supreme Court of Poland), the cassation fee applies. The minimum is PLN 500 for non-property claims and 5% of the disputed amount for property claims, again capped at PLN 200,000. Only a licensed advocate (adwokat) or legal counsel (radca prawny) may file a cassation complaint – unrepresented corporate parties are barred.
For readers involved in public procurement disputes, the Krajowa Izba Odwoławcza (National Appeals Chamber, KIO) uses a separate fee schedule. A KIO appeal costs between PLN 7,500 and PLN 15,000 depending on the contract value. That schedule is distinct from ordinary civil court fees and applies only to procurement challenges. See our analysis of dispute resolution for Netherlands companies doing business in Poland for a comparative overview of available forums.
Three business scenarios: manufacturing, IT, and foreign investor
Abstract rules become clearer through concrete situations. The three scenarios below illustrate how fee calculations play out differently depending on the claimant's profile and the nature of the dispute.
Manufacturing company – supply chain claim. A Silesian manufacturer seeks PLN 1,200,000 from a subcontractor for defective components. The standard fee is PLN 60,000 (5% of WPS). The claim rests on a written contract with a liquidated-damages clause. The writ-of-payment procedure is not available because the underlying document is a service contract rather than a bill of exchange. The claimant files in the regional court in Katowice and budgets for a first-instance timeline of 12 to 18 months.
IT company – software licence dispute. A Warsaw-based software house claims EUR 120,000 (approximately PLN 540,000 at the prevailing rate) from a client for unpaid licence fees. The contract includes an acknowledgement-of-debt clause. The writ-of-payment procedure is available: the fee is PLN 6,750. If the defendant raises opposition, the top-up fee of PLN 20,250 becomes due. The company models both scenarios in its litigation budget before filing.
Foreign investor – real estate reclassification. A German investor's Polish subsidiary disputes a property tax reclassification worth PLN 2,400,000. The dispute involves both administrative and civil dimensions. Our team obtained interim protective measures for a similar client in Lower Silesia (autumn 2024), preventing enforcement during the appeal period. For the civil component, the fee is capped at PLN 200,000 regardless of the claim value. For the administrative path, separate rules apply – see our dedicated piece on real estate tax reclassification disputes.
Cross-border enforcement adds another layer. Where a claimant holds a judgment from an EU member state and seeks to enforce it in Poland, the recognition procedure carries its own fee. The process is governed by EU Regulation 1215/2012, and the Polish court charges a fixed fee of PLN 300 for the recognition application. For non-EU judgments, the procedure is more involved. Our step-by-step guide on enforcing a Luxembourg judgment in Poland covers the full process.
To receive an expert assessment of your litigation budget before filing, contact info@kordeckipartners.com.
What to prepare before filing – checklist and common mistakes
Preparation before filing reduces both cost and delay. Courts in Poland's commercial divisions are strict about formal requirements. A defective submission wastes the filing fee and, more importantly, delays the start of the limitation period suspension.
The most common mistake is miscalculating the WPS. Claimants regularly include post-filing interest in the principal amount, inflating the fee unnecessarily. Courts recalculate; any overpayment is refunded, but the process takes weeks. The second common error is filing in the wrong division. A commercial dispute filed in a civil division is transferred, adding two to three months to the timeline.
What to prepare before filing:
- Written calculation of the WPS, excluding post-filing interest
- Confirmation of the competent court (district or regional, civil or commercial division)
- Assessment of whether writ-of-payment or reminder procedure applies
- Proof of fee payment (bank transfer reference or electronic payment confirmation)
- Power of attorney for the appointed advocate or legal counsel
One timing point matters for cross-border clients. The limitation period for commercial claims under Polish civil legislation is generally three years from the date the claim became due. Filing suspends the limitation period. A returned claim – due to an underpaid fee – does not suspend it. The company loses the filing date and must refile, potentially facing a limitation defence.
Disputes involving sanctions-related asset freezes or export-control breaches add a further complication. Sanctions compliance issues can affect the enforceability of underlying contracts, which in turn affects whether the claim is legally sound before the court even assesses the fee. Early advice on the contract's validity is worthwhile in those cases.
Your company's specific litigation position carries consequences that cannot be reversed once a limitation period expires or an appeal deadline passes. Early fee planning is not a formality – it is a strategic decision. To discuss how court fee rules apply to your pending dispute, email info@kordeckipartners.com.
Frequently asked questions
Q: Can a company apply for a court fee exemption in Poland?
A: Commercial entities can apply for a full or partial fee exemption if they can demonstrate they lack the financial means to pay without impairing their business operations. The application is filed together with the claim and must include a declaration of the company's financial position. Courts grant exemptions sparingly for incorporated entities; natural persons trading as sole traders have a somewhat easier path. The exemption does not apply automatically – it requires a separate procedural decision by the court.
Q: How long does a first-instance commercial dispute take in Poland, and what does that cost in total?
A: First-instance proceedings in commercial divisions of regional courts currently average 18 to 24 months in Warsaw and major city courts. The filing fee is the primary state cost, but claimants should also budget for expert witness fees (typically PLN 3,000 to PLN 15,000 per opinion), translation costs for foreign-language documents, and legal representation fees. If the claimant wins, the court orders the losing party to reimburse reasonable costs, including the filing fee and attorney fees up to the tariff ceiling set by the Minister of Justice.
Q: Is arbitration in Poland cheaper than court litigation for business disputes?
A: Arbitration in Poland – whether before the Court of Arbitration at the Polish Chamber of Commerce (Sąd Arbitrażowy przy Krajowej Izbie Gospodarczej) or an ad hoc tribunal – typically involves registration fees plus arbitrator fees. For claims under PLN 500,000, state court fees are usually lower. For larger claims above PLN 4,000,000, the court fee is capped at PLN 200,000 while arbitration fees continue to scale with claim value, making court litigation comparatively cost-efficient at the top end. The trade-off is confidentiality and speed, where arbitration often has an advantage.
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 and dispute resolution. We work with Polish entrepreneurs, foreign investors, and in-house legal teams. To discuss your situation, contact info@kordeckipartners.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. KORDECKI & Partners assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@kordeckipartners.com.