International Jurisdiction: Find Out Where to File a Claim in Civil, Family or Commercial Matters Involving a Foreign Element, and When Polish Courts Have Jurisdiction Under EU Law and the Code of Civil Procedure

International jurisdiction – what does it mean?

International jurisdiction refers to the set of rules used to determine which court has jurisdiction to hear a case involving a foreign element. This may include situations where the parties are domiciled in different countries, a contract was concluded or performed abroad, or the dispute concerns property located outside Poland.

Correct determination of jurisdiction is a crucial stage of the proceedings, as it determines whether the court will accept the claim. An error may result in the claim being dismissed at the very beginning of the proceedings.

Where to file a claim in an international case?

General rule – the defendant’s place of residence

The fundamental principle in international disputes is that an action should be brought before the court of the country in which the defendant has his or her habitual residence. Thus, if the defendant resides abroad, their courts will generally have jurisdiction, whereas if the defendant resides in Poland, jurisdiction will lie with Polish courts.

This principle derives both from national law and from European Union regulations, in particular Regulation (EU) No 1215/2012 (Brussels I bis Regulation) on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

When can a claim be filed in Poland?

In many cases involving a foreign element, it is possible to bring proceedings before Polish courts even if one of the parties resides abroad.

In civil and commercial matters, Polish courts may have jurisdiction if the obligation was performed in Poland, if the damage occurred in Poland, if the dispute concerns immovable property located in Poland, or if the parties have agreed on a jurisdiction clause designating Polish courts.

In family matters, jurisdiction of Polish courts most often depends on the habitual residence of the child or one of the parents. If the child resides in Poland, Polish courts may have jurisdiction over parental authority, contact rights, or maintenance matters, even if the other parent lives abroad.

Jurisdiction in international family matters

In cases such as international divorce, maintenance, parental responsibility, or contact rights, the key criterion is the habitual residence of the child or the parties, rather than their nationality.

Thus, if the child lives in Poland, Polish courts may have jurisdiction even if one of the parents resides in France or another country. Similarly, if the spouses had their last habitual residence in Poland, divorce proceedings may be brought before Polish courts despite the international element.

Jurisdiction in commercial matters and international contracts

In international commercial relations, the parties often determine jurisdiction in their contracts. They may choose the competent court, the applicable law, or agree on an arbitration clause.

In the absence of such a clause, the provisions of the Brussels I bis Regulation or national law apply. The analysis then focuses on the place of performance of the contract, the place where the damage occurred, or the defendant’s place of residence.

An incorrect determination of jurisdiction may lead to dismissal of the claim or transfer of the case to another country, increasing both costs and the duration of the dispute.

Which legal provisions govern international jurisdiction?

International jurisdiction is primarily governed by European Union law, in particular regulations concerning civil, commercial, and family law disputes.

The Brussels I bis Regulation is the main instrument in civil and commercial matters. It is supplemented by other EU regulations in family law, particularly regarding parental responsibility and maintenance obligations.

National law, including the Polish Code of Civil Procedure, as well as international conventions, apply on a supplementary basis. In practice, EU law takes precedence over national rules.

What happens if a claim is filed in the wrong country?

If a claim is brought before a court lacking jurisdiction, the court may dismiss the claim or declare itself incompetent. In some cases, the case may be transferred to a court in another state, but this is not automatic.

A jurisdictional error usually results in significant procedural delays, additional costs, and the need to re-initiate proceedings before the competent court.

Conclusion

International jurisdiction determines which court is competent to hear a dispute involving a foreign element. Depending on the nature of the case, the parties’ place of residence, and the applicable EU or national rules, a claim may be filed in Poland or in another country. A proper analysis of jurisdiction is essential to avoid dismissal of the claim and to ensure the effectiveness of the proceedings.