The pretext for the creation of this publication was the European Testing Night: on the night between 5th and 6th March 2011 discrimination tests were carried out in several European cities (e.g. Warsaw, Oslo, Copenhagen, Stockholm, Paris), designed to investigate whether people with different skin colour than the majority of the society are discriminated against when attempting to enter nightclubs. This was the first experiment of this type in Poland, however, in spite of the apparent discrimination the issue has not come before the court. In the article "Testing Night in Warsaw" the authors analyze the Polish law in terms of the ban on discrimination in access to services and the possibility of using the tests as evidence before the court in discrimination cases. Practical experience of other countries in the use of discrimination tests as evidence in court was also presented.