Reduction in fees for requests for a statement of grounds for rulings
The Polish parliament has reduced the fees on some requests for a statement of the grounds for rulings in civil proceedings. In these cases, the fee has dropped from PLN 100 to PLN 30. This fee will continue to be credited against the fee payable on the appeal.
As of 2019, without exceptions, requests for a statement of the grounds for a judgment, order or instructions were subject to a fee of PLN 100. To successfully appeal a ruling, such a request must be filed within one week of announcement or service of the ruling. Therefore, if a party seeks to challenge a court ruling, this fee cannot be avoided.
The amount of the fee and the very need to pay it has been criticised in practice. But the parliament did not decide to abolish the fee, but reduced the amount.
This change took effect on 28 September 2023 (pursuant to the amending act of 7 July 2023).
Now, under Art. 25b(1) of the Act on Court Costs in Civil Cases, a fixed fee of PLN 100 is collected on a request for a statement of the grounds for a judgment or order on the merits of a case, filed within a week from announcement or service of the judgment or order.
A fixed fee of PLN 30 is charged on a request for service of a statement of the grounds for an order or instruction other than a ruling on the merits, filed within a week after announcement or service of the ruling.
If an appellate instrument is filed, the fee paid on the request for service of a statement of the grounds for the ruling is credited against the fee on the appeal, and any potential excess is not refunded. This rule remains in force.
Today, in practice, a fee of PLN 100 must be paid only on a request for a statement of the grounds for a judgment (in adversarial proceedings) or the order on the merits (in non-adversarial proceedings). A lower fee of PLN 30 will be charged on a request for a statement of the grounds for a procedural order (e.g. a stay of the proceedings) or instructions (e.g. to reject a pleading and return it to the sender).
Agata Jóźwiak, attorney-at-law, Dispute Resolution & Arbitration practice, Wardyński & Partners
