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Articles contributed by Wozniak Kocur sp.j.
Preliminary injunctions under the Polish law
If someone has a valid claim and wants to secure its enforcement in the future, it may be necessary to file a motion for a preliminary injunction. The time between filing a lawsuit and receiving a judgment often stretches to many months or years. This situation leaves the respondent with enough time to dispose of his assets. As a result, the execution of the future judgment may turn out to be unsuccessful. Apart from the above concerns, in certain situations it is necessary to regulate the parties’ rights, for example to prohibit the publication of an article in the press until a libel dispute has finally been resolved.
Class actions under the Polish law
A class action is a lawsuit in which the court authorises a single person or a small group of people to represent the interest of larger groups. Class actions originated in the U.S., though in recent years many European countries have introduced the concept of class actions. The Polish parliament has now also enacted legislation to make class action a part of the Polish civil procedure. A new Law on Class Actions will enter into force on 19 July 2010. The purpose of the new law is to facilitate the prosecution of claims and to resolve many similar disputes in one proceedings.