Introduction
The effectiveness of many actions in administrative proceedings depends on the proper service of correspondence (including summonses, notices, decisions, and rulings).
This is because the deadlines setting the timeframes within which a party may exercise its rights or must fulfill its obligations begin to run from the date of service.
Regulations
This matter is regulated by the provisions of Section I, Chapter 8 (Service of Documents) of the Act of June 14, 1960—Code of Administrative Procedure.
Detailed explanation
Address for service
In accordance with the regulations, the administrative authority delivers official correspondence to the address for electronic service referred to in Article 2(1) of the Act of November 18, 2020, on Electronic Service, or at its headquarters.
| What is an electronic service address, and how does service occur via this method? | |
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An electronic service address is an email address to which the authority sends a document in electronic form. Service of a document to such an address occurs only if the addressee has such an address, i.e., it is entered in the electronic address database maintained by the minister responsible for digitization, which is a public registry. Correspondence is deemed delivered upon receipt by the addressee after it arrives at the electronic delivery address, or 14 days after the date of arrival at that address if it has not been received by the addressee during that time. |
If delivery by this method is not possible, the authority delivers the documents against a receipt via a designated operator — currently Poczta Polska Spółka Akcyjna —using the public hybrid service, or delivers the documents through its own employees or other authorized persons or bodies.
As a last resort, if delivery via the public hybrid service is also not possible, the administrative authority may deliver the document by registered mail, i.e., a postal item accepted against a receipt of acceptance and delivered against a receipt of delivery.
If the document is not delivered to the electronic service address, it is delivered to the addressee’s place of residence or work, or to the mailing address listed in the electronic address database (the latter applies only if the addressee has an electronic service address entered in the electronic address database maintained by the minister responsible for digitalization, and delivery of the document to that address is not possible for legal or factual reasons). Documents may also be delivered, exceptionally, at any location where the addressee is found.
The recipient confirms receipt of the document with their signature, indicating the date of delivery.
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⇒ Refusal to accept the document, or refusal to provide a signature and date, does not mean that the service is ineffective. In such a situation, the document is returned to the sender with a note regarding the refusal to accept the document and the date of the event, and it is placed in the case file, with the date of refusal to accept the document considered the date of service. |
Recipient
An administrative body may serve a document:
- directly to the party, i.e., the person to whom the matter pertains;
- to a legal representative, if the party does not have full legal capacity;
- to the party’s attorney-in-fact, if one has been appointed.
If an attorney-in-fact has been appointed in the case (see: Personal Action), the documents are served on them. If the party is represented by several attorneys-in-fact, they may designate the one to whom the documents should be served. It is important to inform the authority of the termination of the power of attorney if the party intends to dismiss the representative or designate another person for service of documents.
It should be noted that if a party that does not have a place of residence or habitual residence or a registered office in Poland, another EU country, or Switzerland, Norway, Iceland, or Liechtenstein, has not appointed a representative residing in Poland to handle the case and is not acting through a consul of the Republic of Poland, they are required to designate a representative in Poland for service of process. This obligation does not apply if service is effected via a registered electronic delivery service, i.e., to an electronic service address.
If this obligation is not fulfilled, documents intended for that party are placed in the case file with the effect of service.
The party must be informed of this upon the first service. The party should also be informed of the possibility of filing a response to the document initiating the proceedings and providing written explanations, as well as who may be appointed as an agent.
Obligation to notify of a change of address
There is an obligation to notify the administrative authority of any change in the address for service. Otherwise, service of a document at the previous address has legal effect.
Substitute service
In cases where there are difficulties in delivering a document directly to the party, their legal representative, or their attorney, so-called substitute service is used. This involves delivering the document against a receipt to an adult (an adult household member, a neighbor, or a building superintendent) who agrees to forward the document to the addressee. In such a situation, a notice is also left for the party (in the mailbox, or if that is not possible, on the door of the residence) informing them of the substitute delivery.
If this form of delivery is also not possible, the postal service employee leaves the letter at the post office or municipal office for a period of 14 days, and the addressee is notified of this in writing twice. A notice (delivery notice) regarding the possibility of picking up the letter within 14 days from the date the first notice was left is placed in the mailbox or another visible location.
After 14 days, if the letter has not been collected by the recipient, the item is returned to the sender. After this period, delivery is deemed to have been effected, and the item is placed in the case file. This is known as deemed delivery.
The return receipt for the item and the notes made on it by the postal employee constitute an official document.
