A court filing that was valid last quarter may now be defective under Poland's revised civil procedure rules. International companies with active or anticipated litigation in Poland face a narrow window to adapt their approach. Missing the adjustment period is not an administrative inconvenience – it can result in dismissed claims, forfeited deadlines, or an unenforceable judgment.
Poland's civil procedure rules have been amended, with key changes taking effect in early 2025. The amendments tighten formal requirements for the statement of claim, alter service-of-process obligations, and introduce stricter timelines for applying for an interim injunction. International businesses with ongoing or planned proceedings before Polish courts must review pending filings and adjust their litigation strategy before the compliance deadline.
This alert explains what changed, which categories of litigant are most exposed, and the five immediate actions international companies should take now.
What changed and when it takes effect
Poland's civil procedure legislation has undergone a significant revision targeting the early stages of commercial litigation. The changes address three core areas.
Statement of claim requirements. A pozew (statement of claim) must now satisfy expanded formal criteria from the moment of filing. The revised rules require a clearer articulation of the legal basis for each head of claim. Courts are instructed to reject – rather than invite correction of – statements of claim that omit prescribed elements. This shift from a corrective to a gatekeeping model is the most consequential change for foreign claimants unfamiliar with Polish procedural norms.
Service of process on foreign parties. Amended provisions under civil procedure tighten the obligations for serving process on defendants domiciled or registered outside Poland. The rules now impose explicit timelines on claimants to complete service. Failure to meet those timelines can result in the claim being stayed or struck out without further notice.
Interim injunction applications. The grounds and timing requirements for obtaining an interim injunction have been refined. Applicants must now demonstrate urgency with greater specificity. Courts are applying a stricter assessment of the risk of irreparable harm. Applications filed without sufficient supporting documentation are being refused at the first hearing rather than adjourned for supplementation.
The revised provisions entered into force progressively from January 2025, with the most operationally significant requirements fully effective from the second quarter of 2025. Proceedings commenced before the effective date are partially grandfathered, but any new application – including applications within existing proceedings – is subject to the new rules.
Who is affected and how to assess your exposure
The amendments affect a broad range of commercial litigants. Exposure is heightened for several categories of international business.
Foreign claimants filing new proceedings. Any company bringing a fresh claim before a Polish court must comply with the expanded statement of claim requirements from the outset. Common errors – such as characterising a claim by its commercial label rather than its legal basis – will now lead to outright rejection rather than a remedial order. Engaging a lawyer in Poland with expertise in the updated procedural rules is no longer optional for cross-border claimants.
Parties seeking emergency relief. Companies that rely on the interim injunction mechanism to freeze assets or preserve evidence face the most time-sensitive exposure. The narrowed grounds and stricter evidentiary threshold mean that applications prepared under the previous approach are likely to fail. The window between identifying a risk and obtaining relief is now shorter and less forgiving of procedural errors.
Defendants served from abroad. Foreign defendants receiving process from Polish courts are now subject to stricter response timelines. Missed deadlines can result in default judgments. Subsequent judgment enforcement proceedings move faster under the amended rules, reducing the period available to challenge enforcement.
Companies with existing proceedings. Even if a case was filed before the amendments took effect, any new procedural step. an amended pleading, a new interim application, or an appeal. triggers compliance with the new rules. Litigation teams should audit every active file against the revised requirements.
The compliance deadline for aligning internal litigation protocols with the amended civil procedure rules is effectively immediate for new filings and rolling for existing proceedings. There is no transitional grace period for procedural steps taken after the effective date.
For a detailed assessment of how these changes interact with your existing disputes in Poland, contact us at info@ferrazwhitmore.com.
Immediate actions for international companies
The following five steps address the most acute risks created by the amendments.
- Audit pending filings. Review every statement of claim or application currently in preparation or already filed. Identify whether the document satisfies the expanded formal requirements. Where a filing has already been submitted and a court order has not yet issued, consider whether a voluntary amendment is available before the court acts.
- Reassess interim injunction strategy. If your dispute involves a risk of asset dissipation or destruction of evidence, recalibrate the evidentiary package required to obtain an interim injunction. The application must now address urgency and irreparable harm with documentary support, not mere assertion.
- Verify service compliance. For proceedings where service on a foreign party has not yet been completed, confirm that the timeline under the amended civil procedure rules is achievable. If it is not, consider whether the claim should be restructured or the court notified proactively.
- Update response protocols for Polish process. If your company receives service from Polish courts, ensure your internal escalation procedure routes the document to qualified Polish counsel within 48 hours. Default judgment risk under the amended rules is real and difficult to reverse.
- Review judgment enforcement posture. If you hold a Polish judgment or anticipate one, assess whether the amended court filing and enforcement rules affect the timeline and procedural steps for execution. Enforcement of judgments from Polish courts in other EU member states follows EU procedural instruments, but domestic enforcement steps in Poland are now subject to the revised timeline.
Our team advising on corporate disputes in Poland and on commercial litigation and arbitration in Poland is monitoring the practical application of these amendments in ongoing proceedings. Companies facing active disputes or planning new claims should seek immediate advice tailored to their specific procedural position. For context on how comparable procedural reforms have played out in other civil law jurisdictions, our alert on court procedure changes in Portugal provides a useful comparative reference.
About Ferraz & Whitmore
Ferraz & Whitmore is an international law firm based in Lisbon, advising business clients across 46 jurisdictions. Our commercial litigation practice covers civil law systems across Central and Eastern Europe, including Poland, supported by a network of qualified local counsel. Our attorneys have advised on cross-border disputes, interim injunction applications, and judgment enforcement matters across both civil law and common law systems. As a law firm in Poland and across Europe, we combine Portuguese civil law expertise with English common law tradition to deliver results-oriented counsel for international businesses navigating Polish civil procedure. The firm's Lisbon base provides direct access to EU procedural instruments, while our common law expertise supports enforcement strategies in English-speaking jurisdictions. To discuss your litigation position in Poland, contact us at info@ferrazwhitmore.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.