Court litigation in Poland – Litigation overview

Why Polish Litigation Demands Specialized Expertise

Poland’s court system processes cases through 376 courts organized in a precise hierarchy, each with distinct jurisdictional thresholds, procedural requirements, and performance characteristics. Understanding where your case belongs – and how to navigate that specific forum – forms the foundation of effective litigation strategy.

Our litigation team has spent years mastering these dynamics. We know which courts clear backlogs efficiently and which face capacity constraints. We understand how digital transformation is accelerating certain case types while traditional procedures persist elsewhere. Most importantly, we use this knowledge to position your case for optimal outcomes.

Comprehensive Litigation Services Across All Forums

Commercial Disputes

We represent businesses in high-stakes commercial litigation involving contract breaches, partnership disputes, corporate governance conflicts, and complex multi-party transactions. Our approach recognizes that commercial cases – averaging 14-16 months in Polish courts – require both immediate tactical excellence and sustained strategic commitment.

What sets us apart: We frontload comprehensive evidence and arguments from day one, complying with strict commercial proceeding requirements while building cases that withstand appellate scrutiny. We don’t just meet procedural requirements – we leverage them strategically.

Civil Litigation

From payment disputes to property conflicts, insurance claims to tort matters, we handle the full spectrum of civil litigation. With average processing times of 9-11 months depending on court level, we structure cases for efficient resolution while remaining prepared for extended proceedings when stakes justify continued advocacy.

Debt Recovery and Enforcement

Time is money in debt recovery. We utilize electronic writ-of-payment proceedings when appropriate – the fastest option at 5.5 months average – while pursuing traditional litigation paths for contested matters. Our enforcement practice ensures judgments translate into actual recovery through comprehensive asset identification and execution strategies.

Insolvency and Restructuring Litigation

Poland’s insolvency landscape has transformed dramatically, with over 21,000 consumer bankruptcies and 4,000 arrangement proceedings initiated in 2024 alone. Whether you’re a creditor protecting your position, a debtor seeking reorganization, or a stakeholder navigating complex restructuring negotiations, we provide sophisticated advocacy in this high-volume, specialized field.

Banking and Financial Disputes

We defend financial institutions against the surge in consumer litigation involving FX-indexed loans, unfair contract terms, and WIBOR reference rate challenges. We also represent clients pursuing claims against banks and financial service providers. Our experience spans both sides of these disputes, providing insight into opposing strategies and settlement dynamics.

Administrative and Tax Litigation

With administrative courts showing 95% clearance rates – the lowest in the system – cases in this domain require patience and precision. We represent clients before voivodeship administrative courts and the Supreme Administrative Court in tax disputes, regulatory challenges, and public administration conflicts, navigating extended timelines while pursuing administrative remedies in parallel.

Employment Disputes

Employment cases average 7.7 months – relatively efficient compared to commercial litigation. We represent both employers and employees in wrongful termination claims, discrimination matters, compensation disputes, and non-compete enforcement, always mindful of the reputational and operational implications extending beyond legal outcomes.

Appellate Advocacy

Polish courts maintain strong appellate performance, with second-instance disposition times averaging 187 days. We handle appeals across all court levels, including cassation proceedings before the Supreme Court. Our appellate practice focuses on identifying reversible errors while presenting persuasive arguments that respect appellate standards of review.

Strategic Advantages That Define Our Practice

Evidence Mastery from Initial Filing

Polish commercial proceedings demand complete evidence presentation in initial pleadings – miss something and you may never recover. We conduct exhaustive case preparation, identifying every relevant document, witness, and expert opinion before filing, ensuring your position is comprehensive and defensible from the start.

Digital Litigation Capabilities

With 30.7% of Polish cases now flowing through ICT systems, we leverage digital tools strategically. We conduct remote hearings when beneficial, utilize electronic filing systems to eliminate delays, and employ digital case management that provides clients with real-time visibility into proceedings status and upcoming deadlines.

Cost Transparency and Management

Poland’s “loser pays” system with statutory fee caps creates financial dynamics that require upfront planning. We provide clear cost projections, explain the recovery gap between actual expenses and statutory reimbursement (often capped at 5,400 PLN regardless of actual costs), and structure fee arrangements that align with your litigation objectives and risk tolerance.

Multi-Forum Coordination

Complex disputes rarely fit neatly into single proceedings. We coordinate parallel litigation across multiple forums – civil, commercial, administrative, and criminal – while managing international dimensions including enforcement of foreign judgments and coordination with counsel in other jurisdictions.

Business-Focused Advocacy

We understand that litigation is never just about legal principles – it’s about protecting business interests, managing risk, preserving relationships where possible, and knowing when settlement serves objectives better than continued litigation. Our advocacy integrates legal analysis with commercial judgment.

Why Timeline Intelligence Matters

Average case duration is just that – an average. Your case might resolve faster or extend significantly longer depending on complexity, court capacity, and procedural choices. We provide realistic timeline projections based on:

• Court-specific performance data: We track clearance rates and disposition times at specific courts where your case will be heard
• Case complexity assessment: Simple payment disputes versus multi-party contract cases with expert testimony require fundamentally different timeline planning
• Strategic procedural choices: Expedited procedures, settlement negotiations, and appellate strategies each carry timeline implications

This intelligence informs settlement negotiations, business planning, and cash flow projections – giving you the information needed for sound decision-making beyond the courtroom.

Managing Judicial Uncertainty

Recent years have created questions about judicial appointment legitimacy and panel composition. This uncertainty has driven many commercial parties toward arbitration to avoid potential judgment stability concerns.

We help clients navigate this landscape by:

• Assessing case-specific risks related to judicial composition
• Structuring dispute resolution clauses that optimize forum selection
• Pursuing arbitration when appropriate while remaining fully equipped for court litigation when necessary
• Monitoring ongoing rule of law developments and European Court decisions that may impact case strategy

The Skarbiec Difference

Comprehensive Preparation: We invest heavily in case preparation, treating initial filings as if they were final arguments – because under Polish commercial proceeding rules, they essentially are.

Procedural Excellence: Our team knows every technical requirement, filing deadline, and formal prerequisite. We ensure compliance while avoiding the traps that derail unprepared litigants.

Commercial Insight: We understand your business objectives extend beyond winning individual cases. We consider reputational implications, relationship preservation opportunities, and precedent-setting risks in every strategic decision.

Sustained Advocacy: With cases averaging 9-16 months and complex matters extending to 2-3 years, litigation requires sustained commitment. We remain engaged, responsive, and strategically focused throughout proceedings.

Results-Driven: Our measure of success isn’t just favorable judgments – it’s achieving your business objectives, whether through litigation victory, strategic settlement, or alternative resolution that serves your interests better than continued court proceedings.

When Disputes Threaten Your Business

Contract breach. Partnership dissolution. Regulatory challenge. Debt recovery. Whatever the dispute, delay compounds risk while strategic action protects your position.

Polish litigation operates under specific rules, within specific timeframes, before courts with varying performance characteristics. Navigate this landscape effectively and you maximize your chances of favorable outcomes. Stumble on procedural requirements or misjudge strategic options and you risk losing meritorious cases.

At Skarbiec Law Firm, we eliminate that risk through expertise, preparation, and strategic advocacy calibrated to Polish litigation realities.

Whether you’re initiating a claim to protect your rights or defending against demands that threaten your operations, you need counsel who understand both the technical requirements of Polish courts and the business imperatives driving your decisions.

Let’s Discuss Your Case

Every dispute presents unique challenges and opportunities. We’d welcome the opportunity to understand your situation, assess strategic options, and provide candid guidance on how best to protect your interests.

Contact Skarbiec Law Firm to schedule a confidential consultation.