polish

case law

id : 20534

id: 20534

Supreme Court of Poland order

 dated 12 July 2018

Case No. III CZ 16/18

Summary by arbitraz.laszczuk.pl:

J. K. filed a petition to set aside an arbitration award issued by the Internet Domains Arbitration Court at the Polish Chamber of Information Technology and Telecommunications (the ‘Arbitration Court’) of 21 September 2017 in which it was found that the respondent J. K. as a result of concluding a contract of maintenance of the Internet domain ‘(…).pl’ had infringed rights of the claimant D. Ż. The complainant alleged that the arbitration award was contrary to the fundamental principles of legal order of the Republic of Poland (Art. 1206 § 2 point 2 of the Polish Civil Procedure Code (the ‘PCPC’)) since it violated prime principles of the civil procedure, i.e. the requirement to have the right to bring an action to the court  in the light of Art. 4310 of the Polish Civil Code and Art. 2 of the Suppression of Unfair Competition Act. When J. K. was requested to remove the formal defect of the complaint by indicating the value of the object of the appeal, she stated that she was not able to indicate this value, therefore she requested the Court to set a provisional fee in the amount of PLN 30. In the ruling of 16 January 2018 the Appeal Court in (…) decided to reject the petition of J. K. to set aside the arbitration award due to the failure to remove the aforementioned formal defect. The applicant alleged breach of Art. 370 in connection with Art. 1207 § 2 of the PCPC and demanded the challenged ruling be revoked.

The Polish Supreme Court revoked the judgment of the Appeal Court. The applicant had not denied the pecuniary nature of the claim sought by D. Ż. before the arbitration court. She stated that she was not able to indicate the value of the object of litigation, all the more that D. Ż. had neither indicated this value in the proceedings before the arbitral tribunal. The Polish Supreme Court found that such difficulties in determining the value of the matter at issue and, indirectly, in calculating the relative court fee occur particularly in cases concerning protection of intellectual property, trademarks and in unfair competition cases. In such a situation, Art. 15 of the Act on Court Costs in Civil Cases of 28 July 2015 (consolidated text: Journal of Laws Dz.U. 2018 item 300) applies. According to this provision: (1) the Presiding judge shall determine a provisional fee with respect to a writing submitted in a case involving property rights in which the value of the matter at issue cannot be indicated at the time of initiation of the case. (2) A provisional fee is determined in the amount from PLN 30 to PLN 1,000 and in group proceedings from PLN 100 to 10,000. (3) In the ruling closing the first-instance proceedings the court determines the final amount of the fee which is either a relative fee calculated based on the value of the matter at issue determined in the proceedings or the fee indicated by a court, if this value could not be determined. In this situation the court determines the final fee in the threshold amount of PLN 5,000 having regard to the social importance of the ruling and complexity of the matter.

Excerpt from the text of the court’s ruling:

According to Art. 1207 § 1 and 2 of the Polish Civil Procedure Code, Art. 368 of the Polish Civil Procedure Code shall apply accordingly to a petition to set aside an arbitral award, and the provisions on appeal shall apply accordingly to the petition to set aside an arbitral award.

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