Abstract

The article concerns the problem of deciding on legal costs before a copy of the lawsuit has been delivered to the defendant under court proceedings after the case has been referred to a court of general jurisdiction from electronic writ-of-payment proceedings . The analysis shows that the court of general jurisdiction should decide about the process costs in the decision on discontinuation of the proceedings issued pursuant to Art. 50537 § 1 of the Code of Civil Procedure and award them to the defendant even if discontinuation occurs before a copy of the lawsuit has been delivered to the defendant – if the defendant is represented by a professional representative who has filed a motion for the award of legal costs, as well as ex officio when the defendant is not represented by a professional representative but has incurred certain legal costs to be covered by the plaintiff.