The time limit for undertakings to collect debts to be longer
The Polish Supreme Court has specified in a resolution of 13 May 2022 (case III CZP 46/22) how to correctly determine when an undertaking’s claims against a consumer expire under the statute of limitations. This ruling may interest foreign undertakings that pursue claims against consumers in Poland, as it de facto extends the time limit […]
Conciliation proceedings will no longer interrupt the course of limitation
As of the end of June 2022, the provisions relevant to the effects of using conciliation or mediation proceedings as pre-trial dispute settlement instruments will change in Poland. The change will significantly affect those entrepreneurs and other entities conducting economic activity in Poland who would like to first try to settle a dispute amicably while […]
Pretrial hearing in Polish civil procedure
At the end of 2019, Polish civil procedure underwent quite a few changes with which the legislator intended to improve certain aspects of proceedings before common courts. The legislation passed was supposed to reduce both the costs of the proceedings and average duration of cases. However, due to the worldwide pandemic, leading to numerous restrictions, […]
A autonomic liability regime for online content-sharing service providers under article 17 of the DSM Directive is not a breach of freedom of expression and information – CJEU judgment of 26 April 2022 (C-401/19)
On 26 April 2022, the CJEU Grand Chamber issued a much-awaited judgment in a case brought by Poland concerning article 17 of the DSM Directive. The complaint was rejected on formal grounds with regard to the main plea, which sought annulment of article 17(4), point b and point c in fine of the DSM Directive, […]
Protective letters in patent litigation cases
In July 2020, specialist IP courts began operating in Poland, and there are now five specialist IP courts operating in Poland. Only one, the Warsaw Regional Court, is competent to hear patent disputes (patent infringement, finding no patent infringement, proceedings in which an injunction is sought for the duration of patent infringement litigation). In light […]
Prospective legislative developments concerning electronic service of correspondence in civil litigation cases
The COVID-19 pandemic has prompted a series of legislative initiatives in Poland to begin using new technologies in civil cases in courts. As of the beginning of July 2021, two major legislative changes are envisaged concerning service of court correspondence. The first change is an amendment to the Civil Procedure Code which will come into […]