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What is the proper court for examining a particular case?

A statement of claim has to be filed at a court competent to hear the case. A statement of claim filed improperly is forwarded to the right court or division with no negative consequences at the commencement stage. It should be noted, however, that at the stage of filing an appeal such a mistake can have very serious consequences, including rejection of the appeal.

The competence of a court to hear a case depends on two main factors. On the one hand, cases are distributed among district and regional courts based on the criterion of the value of the claim or if a specific provision of law states so (see common court system structure). On the other hand, there is a territorial differentiation of competence.

The CCP establishes a general rule that the court’s competence to consider a case depends on the domicile or registered office of the defendant. A domicile of an individual is a place where a person resides with the intention to permanently remain there. A registered office of an entity should be understood as a place where the managing body has its headquarters. However, there are numerous exceptions to this rule.

If the defendant is not domiciled in Poland, the competence of the court depends on his last place of residence in Poland, and if it is not known or if the defendant has no place of residence in Poland, his last domicile in Poland.

In relation to claims concerning ownership and other rights in real estate and for claims connected with participation in a company, a cooperative or an association, Polish law establishes exclusive territorial jurisdiction of the court within whose jurisdiction the real estate or the registered office of the company are situated.

Moreover, in several cases Polish law establishes alternative jurisdiction. This allows the plaintiff to choose between the standard jurisdiction based on the domicile of the defendant and another indicated jurisdiction.

If a proprietary claim concerns an entrepreneur’s commercial activity, the case can be heard by the court within whose jurisdiction the main place of business or a branch is situated (if the claim is connected with the activity of that branch). A suit for determination of the existence or of the contents of an agreement, its conclusion or performance, variation, termination, annulment or compensation for improper performance or failure to perform can be filed at the court within whose jurisdiction the agreement was to be performed. In tort claims can be pursued before the court within whose jurisdiction the tortious conduct occurred. If a claim concerns a lease or tenancy of real estate the location of the real estate determines the alternative jurisdiction. Another exception concerns the obligation based on a bill of exchange or a cheque. In these cases the place of payment is the determinant.