Answer ... The statutory limitation periods are specified in various provisions of law. Generally, the statutory limitation period amounts to six years, or three years for claims connected to the conduct of business activities and those concerning periodical benefits (interest).
Claims arising from certain agreements, such as mandate contracts, become time barred after two years. Claims of employees are usually subject to a three-year statute of limitations. Claims arising from prohibited acts usually become time barred three years after the afflicted party learned of both the damage and the identity of the entity obliged to redress the same, though no later than 10 years after the damage was inflicted. However, there are exceptions to this rule; for example, claims for compensation in relation to a crime become time barred after 20 years. Upon the commencement of court proceedings, the running of the statutory limitation period is discontinued.
The court will generally take into consideration the defence that a claim is time barred if the defendant makes the relevant motion. However, in cases against consumers, the court takes the statutory limitation period into consideration ex officio.
Answer ... The jurisdiction of the court is specified in procedural provisions. The pertinent court is generally the court at the place where the registered office or place of domicile of the defendant is located, though there are various exceptions to this rule. In addition, the parties may agree on the court jurisdiction.
Answer ... Yes. However, a class action is a special procedure in which specific individuals act as plaintiffs. It is not possible for a class action to be filed by anonymous individuals or entities.
Answer ... A writ initiating the proceedings must satisfy a number of conditions specified in the procedural provisions. These include:
- specifying an exact demand;
- making duly structured motions to take evidence; and
- determining the value of the litigated claim.
In addition, a court fee is usually required in order to commence proceedings.
Answer ... Proceedings are initiated by the court, which examines whether the formal conditions are satisfied and then serves the writ on the other party, which results in the lis pendens.
Answer ... Yes, Poland has an injunction procedure through which claims can be secured. The court considering a given case, during or even before the proceedings commence, may apply certain measures to guarantee the possibility of performing the future decision. These may include:
- the temporary seizure of one party’s assets up to the value of the claim; or
- a prohibition on undertaking specific actions or the discontinuation of the effects of any actions that have already been undertaken.
Answer ... The costs of the proceedings are secured in injunction proceedings only if the court may decide to do and if a party does not have assets in Poland.