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Interest on Costs of Proceedings

Interest on Costs of Proceedings

Last amendment of the Polish Code of Civil Procedure, resolved the problem of interest for late payment of proceedings costs awarded in the judgment. Before the amendment, the party winning the court case was not entitled to claim any interest for late return of such proceedings costs – that issue was clarified by the resolution of the Supreme Court stating that the provisions of the Civil Code on interest shall not apply to the proceedings costs (the resolution of May 20th, 2011, files no. III CZP 16/11). However, that resolution is already out-of-date. Into the amended Code of Civil Procedure was added Article 98 § 11 of the following wording: “The fee awarded as proceedings costs shall be subject to interest, in the amount of statutory interest for late payment, for the period fromcoming into force of the judgment to the date of payment. If the judgment is enforceable with the moment of issuance, interest may be claimed for the period starting after one week from the announcement of the judgment to the date of payment, and if the judgment is subject to ex officio delivery – for the period starting after one week from the delivery to the date of payment”.

Currently, there are no doubts that the party winning the court case may claim from the losing party a statutory interest for late payment of proceedings costs. If the debtor is solvent, high proceedings costs will constitute quite fair financial benefit for the party who won the court case.

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