On July 24, 2019 the Polish President signed the law that changes significantly Polish Code of Civil Procedure and other acts associated with it. The act was published in Official Journal on August 6, 2019. The new amendment provides that the law will come into force within short, three-month period from the date of its publication in the Journal of Laws. In relation to the law of court fees in civil proceedings this period is even shorter – just 14 days. We present the main changes regarding the court fees.
First of all, it shall be noticed that new principles in the scope of this law will apply to proceedings initiated after the effective date of the law as well as the proceedings initiated and not closed before the effective date. It will cover all documents subject to court fees lodged after the effective date of the law and expenditure incurred after this date.
In cases relating to property law there is currently a fee of 5 percent of the value in dispute and it cannot be higher than to 100,000 PLN (approx. 25,000 Euro). Now the 5-percent fee will be charged in cases of the value in dispute more than 20,000 PLN, however the maximum fee will increase to 200,000 PLN (approx. 50,000 Euro). The amendment provides the significant increase of fees in cases relating to property law when the claimant pursues the claim with the value up to 20,000 PLN.
The conciliatory hearing will also be more expensive. Currently the fee in such proceeding is 40 PLN (approx. 10 Euro) and 300 PLN (approx. 75 Euro) in cases when the value of claim is above 10,000 PLN (approx. 2,500 Euro). Now it will be fourth part of the lawsuit fee that in most cases will increase court fee significantly.
As to the interim injunction proceedings submitted before filing a claim, that are commonly used and very important tool in fighting against intellectual property infringers, the current fee of 100 PLN (approx. 25 Euro) per claim will be replaced with the fee of fourth part of the lawsuit fee, what is significant increase.
In case of the non-material rights, the maximum amount of the fixed fee will increase from 5,000 PLN (approx. 1,250 Euro) to 10,000 PLN (approx. 2,500 Euro).
Additionally, the new act introduces payment of some acts that was gratuitous so far. As of August 20, 2019 parties must pay for example for the following actions: request for service of a reasoned decision, a statement on the extension or change of the claim in a way that increases the value of the subject of the dispute, a request to summon a witness, expert or party to a hearing if the application was submitted after approval of the hearing plan.
Considering the above, it seems that pursuing rights in civil procedure would be more expensive in Poland. New rules foreseen lot of court fees increase. It is recommended to prepare and start the case before August 20, 2019 as to pay lower fees in interim injunction proceeding or court fee for filing a claim.
