The personal injury team at the BFP law firm specializes in every kind of personal injury case where the injury occurred on the territory of Poland. We have represented, and are still representing, hundreds of clients across Poland, as well as residents of other countries, that seek compensation for their injury resulting from medical negligence, road traffic accidents, aviation accidents, defective products, and others. [Read more.]

The way to serve

Michał Krzanowski05 March 2021Komentarze (0)

Serving proceedings on a Defendant in another EU Member State may be a rather complicated matter, despite the commendable legislative efforts aimed at making this as seamless as possible.

The most current efforts in question boil down mostly to the 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 (service of documents), and repealing Council Regulation (EC) No 1348/2000[1].

Based on article 4 of the Regulation No 1393/2007, while not the only possible method, service of proceedings may be effected on a Defendant in another Member State through official Transmitting and Receiving agencies, which every Member State should establish.

Specific ways of effecting service, as well as the aforementioned agencies, vary greatly depending on the jurisdiction. For example, in France, service may be effected by a local court official (huissier de justice). When it comes to Poland, the rule is that service of proceedings may only be lawfully effected by a court, and therefore the Transmitting and Receiving agencies are in general the district courts (sądy rejonowe). There is no exactly similar position to a huissier de justice in the Polish legal system; the closest equivalent would probably be a court bailiff, although they do not serve proceedings, except for very specific circumstances, and only subsequent to a proper court order (thus making the courts still essential to the process). Attorneys-at-law, as well as notaries – i.e. professions that in some other jurisdictions may serve proceedings – also cannot do so lawfully in Poland.

Being left with only one option – i.e. service through the courts – can indeed complicate matters, in particular when time is of the essence. Courts are not generally known for swift action, and therefore securing ample time for service on a Defendant in Poland is always a prudent thing to do.

[1] consolidated text: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02007R1393-20130701

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