Initiating legal proceedings in Poland almost always raises the same question: who will have to pay the court costs? Many people believe that if they win, all their costs will automatically be reimbursed, while if they lose, they will have to pay everything. In reality, the Polish judicial system is more complex, and it is essential to understand the applicable rules before bringing legal action.

What Are the Costs of Court Proceedings in Poland?

Court costs in Poland may include:

• court filing fees;
• lawyers’ fees;
• court expert fees;
• translation costs;
• witness-related expenses;
• as well as certain administrative or travel expenses.

In significant commercial and civil disputes, the costs can quickly become substantial, particularly when the court appoints a judicial expert.

As a General Rule: The Losing Party Pays

Polish law generally applies the principle that the party who loses the case must reimburse the costs incurred by the successful party.

In practice:

• if the claimant wins the case, the court may order the opposing party to reimburse part of the litigation costs;
• if the claimant loses, they may be ordered to reimburse the costs incurred by the opposing party in defending the case.

Reimbursement of Lawyers’ Fees Is Often Limited

This is a key point for foreign clients.

Even in the event of a complete victory, Polish courts generally award reimbursement calculated on the basis of the statutory minimum rates established under Polish law. These amounts are often significantly lower than the actual fees charged by an international or specialised law firm.

Costs in Divorce and Family Law Cases in Poland

In divorce, child custody, and child maintenance proceedings, Polish courts have greater discretion regarding the allocation of costs.

The judge may decide:

• that each party will bear their own costs; or
• to allocate the costs differently depending on the parties’ conduct and the complexity of the case.

In highly contentious family disputes, however, the costs may become significant, particularly where multiple psychological expert opinions or hearings are required.

Can Some Costs Be Avoided?

In certain cases, it is possible:

• to apply for a partial exemption from court fees;
• to negotiate an amicable settlement; or
• to reduce costs through an appropriate procedural strategy.

A prior legal assessment is often essential in order to evaluate the actual financial risk before initiating legal proceedings in Poland.

If you are involved in legal proceedings in Poland or are considering bringing a claim before a Polish court, it is essential to obtain a clear legal assessment at the very beginning of your case.