A first-instance win against GoWork: the court dismissed the entire payment claim for a premium profile and awarded our client litigation costs, including legal representation costs. The judgment is not final. This is the outcome of a particular commercial dispute and may still undergo appellate review.
Author: adwokat Tomasz Piotr Chudzinski.
What was the GoWork dispute about?
GoWork sought payment of invoices for a service described as a “gold profile” or premium profile on its platform. We defended the client against the payment demand. The dispute required assessment of the agreement, the scope of the service and the available records of performance.
Our defence argued that the claimant had not proved actual performance or explained what performance involved. This describes the defendant’s argument. We do not present it as a quotation from the court’s reasons or a general finding about the platform’s business.
What did the defence involve?
The work included an objection in Poland’s electronic payment-order proceedings, followed by a response to the claim and participation in hearings and witness questioning. At each stage, we addressed the particular demand and available evidence. The defence involved more than a general refusal to pay.
The first-instance court dismissed the claim in full and decided costs in the client’s favour. However, the judgment is not final, so we do not describe the dispute as conclusively finished. Any subsequent decision will require separate confirmation before we report its effect.
A win against GoWork: what can businesses take from it?
In a dispute over a paid service, distinguish issuing an invoice from establishing the legal basis and amount of a claim. Check the agreed scope, the work actually undertaken and the records supporting it. The assessment depends on the particular contract and the parties’ positions.
Article 6 of the Polish Civil Code provides the general burden-of-proof rule. Articles 232–233 of the Polish Code of Civil Procedure address the parties’ evidential responsibilities and the court’s assessment. These provisions explain the general context; they do not replace the reasons for this particular judgment.
This result does not mean every premium-profile agreement is invalid or every similar invoice can be ignored. After receiving a payment order, identify the applicable deadline and form of challenge promptly. Our guide to objecting to a Polish payment order explains related procedural questions.
Help with a claim for service fees
The firm handles commercial disputes in Poland and provides business legal support. If you face a demand for a disputed service, describe the issue in our contact form. State the procedural stage and when the document arrived. We will arrange transfer of the case documents and details separately.
