Service

Detailed explanation

In accordance with the regulations, the administrative body delivers documents officially, to the address for electronic service referred to in Article 2 point 1 of the Act of 18 November 2020 on electronic service or at its registered office.

If it is not possible to serve it by this route, it shall serve the documents with a receipt by the designated operator, which is currently Poczta Polska Spółka Akcyjna, using a public hybrid service, or shall serve the documents by its employees or by other authorized persons or bodies.

As a last resort, if it is also not possible to serve using a public hybrid service, the administrative body may serve the document by registered mail, i.e., by post accepted with a receipt and served against a receipt of receipt.

The administrative authority may serve the document directly on the party, i.e., the person concerned, the legal representative if the party does not have full legal capacity, or the party's representative, if it has been established.

Please note that if a representative is appointed in the case (see: Personal action) - the documents are served on him. Where a party acts through several representatives, they may indicate to whom the documents are to be served. It is important to inform the authority of the termination of the power of attorney if the party intends to resign from the representative or appoint another person for service.

There is also an obligation to inform the administration of any change of address for service. Otherwise, the service of the document at the current address has legal effect.

The address for electronic service is the electronic address to which the authority sends the document in the form of an electronic document. Service of a document to such an address takes place only if the addressee of the correspondence has such an address, i.e., it is entered in the database of electronic addresses kept by the minister competent for digitization, which is a public register. Correspondence shall be deemed to have been served when it is received by the addressee upon receipt at the address for electronic service or 14 days from the date of receipt of the correspondence at that address if it has not been received by the addressee within that time.

If the document is not served at the address for electronic service, takes place at the addressee's place of residence or work or at the correspondence address indicated in the database of electronic addresses (the latter case applies only if the addressee has an address for electronic service entered in the database of electronic addresses kept by the minister competent for digitization, and the service of the document to this address for legal or factual reasons is not possible). Documents may also be served exceptionally, at any place where the addressee is found. The recipient of the document confirms the service with their signature indicating the date of service. However, a refusal to accept a document or a refusal to sign and date does not mean that service is not effective. In such a situation, the letter is returned to the sender with a note of the refusal to receive the letter and the date of the event and is placed in the case file considering the date of service as the date of refusal to accept the document.

If there are difficulties in serving the document directly on a party, legal representative or representative, the so-called substitute service is used, i.e., service of a document with a receipt to an adult (an adult household member, neighbour, or caretaker of the house) who will undertake to return the parcel to the addressee. In such a situation, a notice is also left to the party (in the mailbox or, if this is not possible, on the door of the apartment) with information about the substitute service.

If this form of service is also not possible, the employee of the postal operator leaves the document for a period of 14 days at the post office or municipal office, of which the addressee is notified twice in writing. Notice (notice) about the possibility of receiving the letter within 14 days from the date of leaving the first notification is left in the mailbox or other visible place. After 14 days, if the letter is not received by the party, the shipment is returned to the sender. After that date, service shall be deemed to have been affected and the consignment shall be left in the file. This is the so-called fiction of service. It should be remembered that the return confirmation of receipt of the parcel and the annotations placed on it by the postal worker are an official document.

It should be pointed out that if a party who does not have a domicile or habitual residence or registered office in the Republic of Poland, another Member State of the European Union, the Swiss Confederation or a member state of the European Free Trade Association (EFTA) - a party to the Agreement on the European Economic Area, has not appointed a representative to conduct the case residing in the Republic of Poland and does not act through the consul of the Republic of Poland, is obliged to appoint a representative for service in the Republic of Poland. This obligation does not exist if service takes place through the electronic registered service, i.e., to the address for electronic service. If such an obligation is not fulfilled, the documents intended for that party shall be left in the case file with effect of service. The party must be informed of this at the time of first service. The party should also be informed of the possibility of submitting a reply to the document instituting the proceedings and of written explanations and of who may be appointed as a representative.