ENFORCEMENT IN POLAND OF FOREIGN JUDGMENTS ISSUED BY COURTS FROM EU MEMBER STATES BEFORE 10 JANUARY 2015

ENFORCEMENT OF FOREIGN JUDGMENTS - POLSIH COURT APPROVAL BEFORE BAILIFF ENFORCEMENT

Rulings (judgments) issued by courts from European Union Member States before 10 January 2015, under EU Regulation no. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters , may be enforced under Polish bailiff after obtaining previous approval of Polish court.

In order to start enforcement proceedings, following documents are required:

• judgment issued by a foreign court against Polish party
• a certificate issued by foreign court using the standard form in Annex V to EU Regulation no. 44/2001
• if a creditor is legal person - extract from companies register not older than 3 months
• 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

Polish court may refuse to declare foreign ruling as enforceable in accordance with Polish law, that is in following situations (Article  1146 § 1 of Polish Code of Civil Procedure):

(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).

In other cases, under application of interested party, Polish court declare a judgment as enforceable. After obtaining court approval, the judgment may be enforced under bailiff.

Under the abovementioned documents and the executive clause issued by Polish court, a creditor may apply to Polish bailiff to start vindication against Polish debtor, which include seizure of bank accounts and other debtor propriety.