Proceedings in business cases contain numerous factors making them different from 'ordinary' civil proceedings. The most important differences include time bars on evidence as provided in Articles 47912 and 49414 of the Code of Civil Proceedings (Polish: KPC). Under these provisions parties have a duty to submit all evidentiary motions in the first submission made in the case. Evidentiary motions filed later may be admitted basically only by way of exception. Hence, it is important to entrust the litigation to professionals, as it is not enough to be in the right but one needs to be able to fit it in the framework of the court process.
In that specific situation everything depends on the provisions of the contract made with the co-operator. This is because according to the Supreme Court judgment of 7 April 1981 (IV CR 91/81), it is not allowed to claim damages exceeding the stipulated contractual penalty if neither the contract nor the law regulating that particular kind of obligation provide for the possibility of claiming damages up to the full extent of the loss sustained. Hence, in this instant situation,with inadequately formulated contractual provisions, there may prove to be no efficient avenues to force the co-operator to remedy the loss.