Enforcement of foreign judgment in Poland
Enforcement of foreign judgment in Poland is becoming an increasingly common phenomenon. This is due to the continuous increase in trade exchange between entrepreneurs from Poland and entrepreneurs from abroad. Most often, enforcement of foreign judgment in Poland concerns the enforcement of court ruling issued in another European Union country. The Maciej Mierecki law firm offers legal aid to the entrepreneurs wishing to enforce foreign judgment in Poland.
Enforcement of a judgment issued in an EU country
EU regulations provide for far-reaching harmonization of legal procedures related to the recognition of judgments. These issues are regulated in European Union regulation no. 1215/2012 (Brussels I bis Regulation). This regulation introduces simplified rules for the recognition of judgments given in another EU Member State. According to the regulation an enforceable judgment given in a Member State is also enforceable in another Member State without the need to carry out further court procedures.
In order to enforce an EU member state judgment, it is currently required to submit a copy of the enforceable judgment and a certificate issued under Art. 53 of the Brussels I bis Regulation. A part from that it is also necessary to submit appropriate sworn translations.
Enforcement of the judgments issued in Switzerland, Denmark, Norway and Iceland
For judgments issued in Switzerland, Denmark, Norway and Iceland, the provisions of the 2007 Lugano Convention will apply. According to this convention a judgment given in one State bound by this Convention shall be recognized in the other States bound by this Convention without any special procedure being required. However, the procedure is slightly more complicated than in the case of judgments governed by the Brussels I bis Regulation. The creditor cannot go to the bailiff directly. First, it is necessary to apply for an enforceability clause for such a judgment. The enforcement clause is issued by the district court.
Enforcement of arbitral award in Poland
Yet another procedure is provided for the enforcement of arbitration awards. In this respect, the provisions of the so-called the New York Convention and the Polish Code of Civil Procedure. It is worth noting that 166 countries are signatories of the convention.
In purpose to enforce an arbitral award in Poland it is necessary to submit an application for an enforcement clause to be given to the arbitration award. The application should be accompanied by several documents.
Enforcement proceedings before the bailiff
Once the preliminary proceedings are fulfilled, the judgment or arbitral award must be sent to the court bailiff. The bailiff, after receiving the appropriate application, initiates proper enforcement. In practice, the choice of bailiff is very important. The effectiveness of bailiffs can vary significantly.
Law firm in Cracow, Poland
Debt collection in Poland is not the easiest thing, especially when the dispute is cross-border. Therefore, it is worth entrusting the management of your case to an attorney-at-law with experience in handling this type of cases.
I am able to provide you with the necessary support in commercial disputes with contractors from Poland. If you are interested in our law firm’s services, please contact us by writing to e-mail: email@example.com. It is possible to arrange consultations by phone, via Microsoft Teams, or in person. Contact details can be found in the „Contact” tab and in the footer of the website.