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FAQ

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What are the rules on service when a defendant has its registered office abroad?

If the defendant is not domiciled within Poland the statement of claim must be served in accordance with the rules of the country where he is domiciled. In the case of EU Member States, a translated statement of claim is sent by the court to the authority responsible for effecting service in that Member State together with a form described in Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters.

Poland is also a party to the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. The Hague Convention provides for service between signatories through a “central authority” appointed in each state with authority to effect service.

In cases not covered by the above regulations or other multi or bilateral conventions the reciprocity rule is applied. This means that the Ministry of Justice addresses a question to a relevant authoritiy of the country in question to establish the practice of service with regard to Polish citizens or Polish entities.

Polish courts serve documents abroad only once per case. A foreign defendant is informed of the obligation to indicate a proxy for service in Poland. If he fails to do so, subsequent pleadings are left on case files as if service had been effected.