Kwartalnik Krajowej Szkoły Sądownictwa i Prokuratury * 2025* tom 57* zeszyt 1-2* s. 62-76 * ISSN (ONLINE) 3072-337X

Charakter prawny orzeczenia o kosztach w procedurze cywilnej i sposób jego zakwestionowania

The legal nature of the judgment on costs and the manner of its challenging

Mateusz Zygmunt – doktor nauk prawnych, asesor sądowy, adwokat niewykonujący zawodu, https://orcid.org/0009-0005-0508-6901.

https://doi.org/10.53024/5.1-2.57.2025

URL: https://www.kssip.gov.pl/pobierz_plik/mateusz_zygmunt

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SUMMARY:

The issues concerning courts’ rulings on litigation costs are relatively difficult and controversial in practice. One of them is the court’s failure to dismiss the application for adjudicating the litigation costs above the awarded amount. The problem arises when a party files a challenge to such a ruling. Two views have developed in judicial doctrine and jurisprudence on the ways how to appeal against a ruling to the extent that it has not taken into account the party’s request. These doubts seem to have been resolved by resolutions of the Supreme Court in 1972, however, further changes of the law, including the addition of Art. 1081 to the Code of Civil Procedure, have given rise to start new debates on this issue. In jurisprudence, there are still rulings that deviate from the dominant model despite the Supreme Court taking a position on this matter again in 2011. This is probably due to the Court’s arguments, which were largely pragmatic and purposeful, and only to a small extent did they refer to arguments of the normative nature. This contribution aims not only at a comprehensive analysis of views existing in theory and practice, but also at verifying their relevance and supplementing the Supreme Court’s considerations with the missing legal arguments. Despite the fact that the Supreme Court did not notice this question and the judicial doctrine has not paid attention to it so far, as it will be shown in this contribution, there are grounds for putting forward a thesis that the court’s rulings on litigation costs are of complete, definitive, constitutive and indivisible nature, and when issuing it, the court is not bound by the party’s demands. The considerations will be supplemented with issues related to awarding costs in the case when there are more entities who constitute the obliged party and the case when the entitled party is not represented by a professional attorney.

Key words: rulings on litigation costs, bound by demands, constitutive rulings, indivisible rulings, definitive rulings, complete rulings.

Bibliographic Citation:

ZYGMUNT, M. Charakter prawny orzeczenia o kosztach w procedurze cywilnej i sposób jego zakwestionowania, Kwartalnik Krajowej Szkoły Sądownictwa i Prokuratury. 2025, t. 57, z. 1-2, s. 62-76. ISSN (ONLINE) 3072-337X. DOI: 10.53024/5.1-2.57.2025