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FAQ

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Can one recover costs of proceedings from the opponent?

The CCP establishes a rule of responsibility for the outcome of the proceedings, which means that the winning party is to be reimbursed for the costs of the proceedings (e.g. court fees, advances for court costs) in proportion to its success. The winning party may also demand reimbursement of lawyers’ fees. The court assesses costs on the basis of information supplied by the relevant party. In the absence of such information the court decides according to an official costs table. Costs awarded to a party by a court cannot exceed amounts set out in a regulation issued by the Minister of Justice, who controls rates of recoverable costs and lawyers’ fees. The cost order constitutes a part of the final judgment of the court.

In practice the courts always award costs according to the official costs table, therefore, regardless of the supplied information a party will never recover more than PLN 43 200 of the lawyer’s fees for each instance.

As regards the costs of proceedings, a winning party can recover them in full, including court fees, travel costs, translation costs, etc.

In enforcement proceedings the rule is the opposite. The costs are payable in arrears by the debtor.

Each party bears its own costs concerning security proceedings (e.g. a court fee for the application for security, costs of enforcing a decision to secure a claim). However, a winning party may apply for a court to award these costs in a judgment.