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FAQ

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Do any actions have to be undertaken before proceedings are instituted?

To commence an action by way of ordinary proceedings (i.e. proceedings with a non-entrepreneur at least on one side) it is sufficient to file a statement of claim at court and pay a court fee. No steps prior to this are required to be taken.

In commercial proceedings, on the other hand, before proceedings are instituted a specific procedure needs to be observed. The prospective plaintiff is obliged to summon the defendant to discharge his obligations voluntarily. A copy of the summons with a registration receipt must be attached to the statement of claim. Moreover, the plaintiff is obliged to attempt to resolve the dispute amicably. Copy correspondence concerning the attempt also has to be attached to the statement of claim. The purpose of this procedure is to eliminate unnecessary trials and promote dispute resolution without the involvement of the court.

A statement of claim lacking a copy of a summons is returned to the plaintiff automatically. Lack of documents proving an amicable attempt at settlement can only affect the court’s decision in relation to the costs of the proceedings.