Category: Supreme Court

Category: Supreme Court

Navigating Litigation in Poland: A Comprehensive Guide for Lawyers


Litigation is a complex legal process that plays a fundamental role in resolving disputes within the judicial system. In Poland, as in any jurisdiction, litigation requires a deep understanding of the country’s legal framework, court procedures, and strategic considerations. For lawyers practicing in Poland, it is crucial to have a comprehensive understanding of the litigation process to effectively represent clients and achieve favourable outcomes. This article serves as a guide to navigating litigation in Poland, covering key aspects from pre-trial preparations to post-trial enforcement.

Preparing for Litigation:

Before initiating litigation, thorough preparation is essential. This involves conducting a detailed analysis of the facts, identifying legal claims, and assessing the strength of the case. Polish lawyers must meticulously gather evidence, interview witnesses, and assess potential legal remedies and defences. It is also crucial to evaluate the prospects of settlement or alternative dispute resolution methods.

Jurisdiction and Venue:

Understanding the appropriate jurisdiction and venue is crucial to initiating a lawsuit. In Poland, civil matters are generally adjudicated by common courts. It is important to determine the proper court that has jurisdiction over the dispute based on factors such as the subject matter, value of the claim, and the parties involved.

Pleadings and Court Proceedings:

Once the lawsuit is filed, lawyers must draft clear and concise pleadings that outline the claims, legal arguments, and factual basis. In Poland, court proceedings involve multiple stages, including preliminary hearings, submission of evidence, examination of witnesses, and oral arguments. Lawyers must adhere to strict deadlines and procedural rules, ensuring compliance with court requirements and effectively presenting their case.

Legal Representation and Courtroom Etiquette:

In Polish litigation, legal representation is mandatory, and lawyers have a duty to act as advocates for their clients. Courtroom etiquette, professionalism, and respect for the court are paramount. Polish lawyers must present arguments persuasively, cross-examine witnesses effectively, and handle objections with precision. Developing strong courtroom skills and maintaining a professional demeanour can significantly impact the outcome of a case.

Appellate and Supreme Court Review:

In the event of an unfavourable decision, the Polish legal system provides avenues for appeal. Lawyers must analyse the trial court’s decision, identify grounds for appeal, and prepare persuasive briefs. The appellate court reviews the case based on legal errors or procedural irregularities. In certain circumstances, the Supreme Court may grant further review, particularly when the case involves significant legal issues or conflicting precedents.

Enforcement of Judgments:

Securing a favourable judgment is only the first step; enforcing the judgment is equally critical. Polish lawyers must navigate the enforcement process, which involves identifying the appropriate enforcement authority, filing necessary applications, and complying with specific requirements. Effective enforcement mechanisms, such as asset seizures or garnishments, are crucial to ensuring the successful recovery of awarded damages or compliance with court orders.


Litigation in Poland requires careful preparation, a strong command of procedural rules, and persuasive advocacy skills. As a lawyer practicing in Poland, it is imperative to understand the intricacies of the litigation process to effectively represent clients. From pre-trial strategies to post-trial enforcement, a comprehensive grasp of the legal framework and court procedures is essential. By mastering the intricacies of Polish litigation, lawyers can navigate the complexities of the legal system and advocate zealously for their clients, ultimately achieving successful outcomes in their cases.

How We Can Assist You: Exceptional Legal Representation for Your Needs

At KPBL, we are committed to delivering top-notch legal representation tailored to your specific needs. With our experienced legal team, you can trust that you will receive the best possible guidance and support in any legal matter you may face. We offer comprehensive legal services in various areas of litigation, ensuring that you have expert assistance throughout the entire process.

Labour Conflicts: Resolving Workplace Disputes

When it comes to labour conflicts, our lawyers excel in representing clients dealing with employment contract disputes, wage conflicts, and other workplace issues. We understand the complexities of employment law and are dedicated to advocating for your rights and finding swift resolutions.

Copyrights and Neighbouring Rights: Protecting Intellectual Property

Our legal team specializes in safeguarding and enforcing copyrights and neighbouring rights. Whether you are facing infringement cases or licensing disputes, we have the expertise to navigate the intricate landscape of intellectual property law and provide the effective representation you need.

Commercial Transactions: Resolving Contractual Disputes

When disputes arise from commercial transactions, such as breach of contract cases or disagreements related to the sale of goods and services, our lawyers are here to assist you. We will work diligently to protect your interests, explore favourable resolutions, and ensure that your rights are upheld throughout the process.

Personal Rights: Advocating for Your Well-Being

In matters concerning personal rights, including defamation, privacy concerns, or personal injury, our legal team is ready to fight for your rights. We understand the sensitive nature of these disputes and are dedicated to providing compassionate and effective representation to help you seek justice and fair compensation.

Guidance and Support Throughout the Litigation Process

We recognize that legal proceedings can be overwhelming and time-consuming. That is why we are committed to providing our clients with the highest level of professionalism, support, and guidance at every step of the litigation process. Our experienced lawyers will take the time to understand the details of your case, offer sound legal advice, and ensure that your interests are vigorously protected.

Schedule a Consultation Today

Don’t navigate the complexities of litigation alone. Contact us today to schedule a consultation and learn more about the extensive range of legal services we offer. Our dedicated team is here to provide you with the exceptional representation you deserve, helping you achieve the best possible outcome for your case. Let us be your trusted legal partner in your journey towards resolution.

A prerequisite for adjudicating divorce. Warsaw, May 19, 2020

A prerequisite for adjudicating divorce (a so-called positive premise) is the “irretrievable and complete breakdown of marital life”. It is a mandatory condition.

A “breakdown of the marriage” means a cessation of common marital life in its emotional, physical and economic aspect (Polish “wspólne pożycie”) that the spouses are obliged to conduct. Hence, there is a strict conceptual and substantive connection between the obligation of the spouses concerning the “common marital life” and the prerequisite for divorce formulated as “irretrievable and complete breakdown of marital life”.

According to the Supreme Court “Marital life is characterized by a unique kind of spiritual, physical and economic bond”.

According to the Supreme Court for a marital breakdown to be declared irretrievable it is not necessary to establish that it is absolutely impossible for the spouses to restore their marital life. It is sufficient to conclude, based on practical life experience, that in the circumstances of the case the spouses will not restore their marital life.

Hence, a marital breakdown manifests itself in the cessation of a marital emotional, physical and economic bond.

In the light of decisions of the Supreme Court, the fundamental bond of marital life is the spiritual bond. The absence of the spiritual bond is always a manifestation of a marital breakdown.

For the purposes of adjudicating divorce, unlike in the case of a separation, the marital breakdown must be not only complete but also irretrievable. The breakdown may be declared irretrievable only if it is already complete. The marital breakdown is irretrievable if there are no prospects (anticipation) for restoring marital life by the spouses.

According to the Supreme Court the spiritual (emotional, physical bond) “community consists in mutual positive emotional attitudes of the spouses, respect, confidence, sincerity, loyalty, understanding, acceptance of personal qualities of the spouses, taking into account their personal needs and readiness to make concessions”.

The Supreme Court also explains that “in order to assert the absence of spiritual community between the spouses it is not necessary to conclude that they have hostile or at least reluctant attitudes to each other. Maintaining civil relations, contacts in the interest of their children, etc. does not necessarily mean that a spiritual bond between the spouses exists and therefore no marital breakdown occurred. The spiritual bond being sought here is not that between any two humans, but that characteristic of a spiritual marital community”. The Supreme Court points out that such “spiritual community” can be manifested even in correspondence alone”.

In the light of Supreme Court’s judicial practice, “common marital life” generally includes sexual intercourse between the spouses referred to as the “physical” (intimate, sexual or bodily) bond. A disappearance of this bond may be a manifestation of complete breakdown of the marital life.

In judicial practice, the economic bond is considered tantamount to running a common household. The legal commentaries take this view further and indicate that the economic life is usually manifested by living together, having common property, running one household, preparing and having meals together.

A complete and irretrievable breakdown of the marital life is also attested to by the spouses’ mutual consent to divorce. The spouses’ consent in this respect does not release the court from the obligation to examine all material circumstances of the case. If one of the parties consents to divorce, the court should examine if she/he is not being pressed by the other spouse to agree to the divorce, and whether such consent is indeed a result of her/his reflection upon the future of the communion, rather than an effect of some other circumstances” (sentence of the Appellate Court in Rzeszów).

For further information about adjudicating divorce, please contact us.

Bernard Łukomski
Legal counsel
Warsaw, May 19, 2020