The procedure for pursuing claims against Polish entrepreneurs is specified in the Code of Civil Procedure and the proceedings in commercial matters regulated there, which were introduced on November 7, 2019. These rules will apply, unless the parties have specified other methods of pursuing claims.
A lawsuit against an entrepreneur is brought to the court having jurisdiction over the entrepreneur’s seat. The claim must meet the requirements set out in the Code of Civil Procedure, and the special procedure relating to commercial matters imposes many detailed obligations.
The purpose of separate proceedings in commercial cases is to shorten the time spent by courts in examining cases of entrepreneurs. The adjudication is to be accelerated by introducing several specific legal solutions. For example, in commercial cases you cannot bring a counterclaim, a statement and evidence should be submitted within a strictly defined period – at the beginning of the proceedings – otherwise it cannot be cited at a later stage of the case. The possibility of calling witnesses is also limited.