Amendment to the Code of Civil Procedure await the President’s signature

Change of the value limit of a dispute determining the material jurisdiction of a court

The current limit of the value of the subject matter of a dispute determining the material jurisdiction of a district court has not been changed for over 16 years.

The draft assumes its increase from PLN 75,000 to PLN 100,000 (district courts will have jurisdiction over proceedings in which the value of the dispute is lower than PLN 100,000).

The new value limit of the subject matter of a dispute will apply only to proceedings initiated after the date the amendment enters into force.

New separate proceedings with the participation of consumers

The draft provides for the introduction of new separate proceedings with the participation of consumers to the Code of Civil Procedure. The new provisions aim to strengthen the position of the consumer vis-à-vis entrepreneurs.

• The new proceedings involving consumers will be applied to cases involving claims of the consumer against the entrepreneur and claims of the entrepreneur against the consumer.
• The consumer will also be able to bring an action under the consumer procedure rules against a entrepreneur who has ceased trading.
• The entrepreneurial party will be subject to stricter formal requirements specific to commercial cases, such as evidentiary preclusion (obligation to present all relevant claims and evidence in the statement of claim or in the statement of defence), while the consumer will not be bound by them.
• The consumer will in any case be able to bring an action before the court of his or her domicile as long as this does not interfere with the exclusive jurisdiction of the court.

Clarification of the rules on pre-trial hearings

 The institution of a pre-trial hearing appeared with the previous amendment. It is now to be clarified and simplified. Currently, pre-trial hearings are rarely appointed by the courts.

The draft amendments include:

• The possibility to hold this hearing remotely – outside the court building.
• The abolition of, inter alia, the obligation for representatives of corporate bodies, local and governmental entities or banks to attend the pre-trial hearing in person, provided they are represented by a professional attorney.
• The content of the presiding officer’s orders will be decisive in the context of changing the schedule of a hearing or subsequent preparatory hearing.

Summary

 The amendment to the Code of Civil Procedure and other laws contains a number of significant changes that will affect the conduct of litigation from both the business and consumer side.

Some of the changes also concern the important issue of service of documents during court proceedings. There are also changes in enforcement proceedings. The legislator strengthens the procedural position of consumers, who will be able to sue an entrepreneur, even one who has ceased to conduct business activity, before a court with jurisdiction over their place of residence.

According to the legislator, the proposed changes are expected to accelerate proceedings, facilitate the enforcement of claims and relieve the burden on regional courts and shift more cases to district courts.

The amendment to the Code of Civil Procedure is awaiting the President’s signature.