ENFORCEMENT IN POLAND OF FOREIGN JUDGMENTS ISSUED BY COURTS FROM COUNTRIES OUTSIDE EU

ENFORCEMENT IN POLAND OF FOREIGN JUDGMENTS ISSUED BY COURTS FROM COUNTRIES OUTSIDE EUROPEAN UNION

Rulings (judgments) of foreign state courts issued in civil matters are recognised in Poland by virtue of law unless there exist following obstacles:

(1) the judgment is not non-appealable in the state where it was issued;

(2) the judgment was issued in a case which falls under the exclusive jurisdiction of Polish courts;

(3) a defendant who did not defend on the merits of the case was not duly served an initial pleading in due time to enable him to defend himself;

(4) a party was deprived of the possibility to defend himself in the course of proceedings;

(5) a case involving the same claim between the same parties had been brought before a court in the Republic of Poland before it was brought before a court of a foreign state;

(6) the ruling is contrary to a previous non-appealable ruling of a Polish court or a previous non-appealable ruling of a court of a foreign state recognised in the Republic of Poland, issued in a case involving the same claim between the same parties;

(7) recognition of the ruling would be contrary to the basic principles of the legal order of the Republic of Poland (the public order clause).

Enforcement of foreign judgment is confirmed on the creditor's application by Polish court by issuing a writ of execution.

In order to obtain the writ of execution, following documents are required:

• an official copy of the judgment;
• a document certifying that the ruling is non-appealable unless it is evident from the content of the ruling that it is non-appealable;
• translation of abovementioned documents to Polish language, prepared by a sworn translator practising in Poland; what is important, only the sentence of foreign judgment need to be translated;

After obtaining court approval, the judgment may be enforced under a Polish bailiff.