Contract law, case III CZP 109/07

December 11th, 2007, Tomasz Rychlicki

The Supreme Court in its order of 22 October 2007 case file III CZP 109/07 decided in case brought by Naukowa i Akademicka Sieć Komputerowa (Research And Academic Computer Network ) against two tenders with regard to the payment of fees for the maintenance of the domain name, held that the agreement/contract on the maintenance of the domain name is not a telecommunications services agreement but rather an unknown type of a contract similar to the contract of mandate. By a contract of mandate, the mandatary shall assume the obligation to perform a definite act in law for the mandator. The provisions on mandate shall apply respectively to contracts on performance of services not regulated by other provisions. Therefore the claim for compensation under the contract on the maintenance of the domain name terminates based on the general civil law rules on the expiration of time limits, i.e. unless a special provision states otherwise, the period of limitation shall be ten years and for claims pertaining to periodical performances and claims resulting from an economic activity, three years.

See also “Polish case law on domain names“.