Court of the Polish Special Trade House

Poland has been considered a very interesting investment destination for many years. Foreign investors’ attention to Poland also stems from official publications of the United States government. The company explained on its website: “In the 30 years since Poland abandoned communism and the 15 years since it joined the European Union, Poland’s investment environment has continued to grow, which is very attractive to foreign investors (including American investors).” However, it should be noted that any investment activity may lead to litigation in court. It does not matter whether disputes arise with public authorities in administrative courts or with untrustworthy contractors in courts.

First, in the proceedings of Polish courts, the Special Commercial Court (the commercial sector of the ordinary court) will hear the following cases:

• Civil relations within the scope of business activities of entrepreneurs, regardless of whether either party ceases to operate

• Corporate relations and claims referred to in sections 291-300 and 479-490 of the Business Companies Act of 15 September 2000 (Law Journal of 2019, section 505, as amended)

• For entrepreneurs, request to terminate and restore environmental violations or compensate for related damages, and prohibit or restrict environmental hazardous activities

• Construction contracts for the implementation of construction works and contracts related to the construction process

• Lease contract

• Through legal or legal action, the person responsible for the entrepreneur’s debt can also take the place of or jointly assume joint liability

• Between public enterprises

• Between a public enterprise or its institution and its founder or regulator

• Bankruptcy and restructuring

• Enforcement provisions of judgments or agreements reached by courts that give final or immediate enforceability to commercial courts

• To deprive the enforceability of the enforceable ownership according to the final or immediately enforceable judgment of the commercial court or the settlement reached by the court.

The latest type of commercial court in Poland is a special court among ordinary courts, which has obtained exclusive jurisdiction in intellectual property matters (copyright and related rights protection, industrial property protection and other intangible property rights protection). It should be noted here that, in the case of intellectual property rights, the litigant usually appears in court through his professional litigation lawyer (adwokat or radca shrimp).

In addition, commercial companies have a special registration court to keep a register of national courts. In addition, in complex competition protection cases and cases in the field of public economic law, competition and consumer protection courts operate in Warsaw, and public procurement courts operate in public procurement cases.