Enforceability of Foreign Court Judgments in Poland

The enforceability of foreign court judgments in Poland is a crucial aspect of cross-border disputes. It enables a creditor to submit a foreign judgment to a Polish enforcement authority in order to recover claims awarded abroad. The procedure, however, varies depending on whether the judgment originates from an EU Member State or a third country.

Enforceability of Judgments from EU Member States

The enforceability of judgments issued by courts of EU Member States is primarily governed by Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (commonly referred to as Brussels I bis). The regulation establishes the principle of the free movement of judgments, under which a judgment delivered in one Member State is, as a rule, directly enforceable in another Member State without the need for a separate procedure to declare its enforceability.

This principle is also reflected in Polish civil procedure. Pursuant to Article 1153(14) of the Polish Code of Civil Procedure, judgments of courts of EU Member States, as well as settlements and official documents originating from those states and falling within the scope of the regulation, constitute enforceable titles in Poland, provided that they are enforceable in the state of origin. Consequently, this category of judgments is exempt from the requirement to obtain a declaration of enforceability.

In practice, this means that a judgment rendered in Italy, for example, is enforceable in Poland as if it had been issued by a Polish court. The creditor may, therefore, immediately submit an enforcement application to a bailiff (komornik), providing two essential documents: (1) an authenticated copy of the judgment and (2) a certificate confirming its enforceability in the Member State of origin. The certificate is issued on a standard form containing information on the amount awarded to the creditor, the recoverable costs and interest.

Although Polish law does not impose an obligation to submit translations of these documents, in practice creditors usually attach sworn translations to the enforcement application in order to pre-empt a possible request from the debtor and to avoid unnecessary delays in the proceedings.

The debtor may, however, apply to a Polish court for a refusal of enforcement of an EU judgment. The court will examine whether any of the grounds for refusal set out under EU law have been met. The creditor is also a party to this procedure and has the right to present arguments in support of enforcement.

Enforceability of Judgments from Third Countries

The procedure for declaring the enforceability of judgments issued by courts of non-EU countries is more complex. It is governed by the provisions of the Polish Code of Civil Procedure (Articles 1150–1153) and, in some cases, by bilateral international treaties concluded between Poland and specific states – for example, the Agreement between the Republic of Poland and Ukraine on legal assistance and legal relations in civil and criminal matters, signed in Kyiv on 24 May 1993.

A creditor seeking to enforce a judgment from a third country in Poland must first apply to a Polish court for a declaration of enforceability (exequatur). The application must be accompanied by:

1. an official copy of the judgment;
2. a document confirming that the judgment is enforceable, unless enforceability follows directly from the judgment or the law of that state;
3. a document confirming that the statement of claim was duly served on the debtor, if the debtor did not take part in the foreign proceedings; and
4. certified translations of the above documents.

Thus, unlike judgments from EU Member States, judgments from third countries require judicial proceedings before a Polish court. Only after the court declares the judgment enforceable may the creditor submit an enforcement application to a bailiff.

Application for Security in Connection with the Enforcement of Third-Country Judgments

The process of declaring the enforceability of third-country judgments is more formalised and time-consuming. This is due not only to the requirement that the creditor file a separate application for a declaration of enforceability, but also to the fact that the debtor participates in the proceedings and may contribute to delays. Under Polish civil procedure, the debtor has two weeks from the date of receiving the application in which to file a response. Consequently, once notified, the debtor becomes aware of the impending enforcement and may attempt to dispose of the relevant assets before the Polish court grants an enforcement clause.

To ensure the effectiveness of future enforcement, it is therefore advisable to submit, together with an application for a declaration of enforceability, an application for interim measures (an injunction). Such measures may include prohibiting the debtor from disposing of real or movable property, freezing bank accounts, or imposing similar restrictions. Naturally, the application must be duly justified: the creditor must demonstrate a genuine risk that the debtor may conceal or dispose of assets, thereby hindering or preventing enforcement. Obtaining such protection allows the creditor to minimise the risk of ineffective enforcement proceedings.

Taking Evidence in Proceedings Concerning Declarations of Enforceability

It is worth noting that, in proceedings concerning the declaration of enforceability of a third-country judgment, Polish courts generally do not examine the merits of the case. Its role is limited to verifying whether the formal requirements for granting enforceability have been satisfied.

In practice, this means that the court will not re-hear witnesses or re-evaluate evidence. Instead, it will merely determine whether there are any obstacles to recognition and enforcement – for example, whether the debtor’s right to a fair hearing was respected, whether the foreign judgment is final and binding, and whether its enforcement would be contrary to Polish public policy. This limited scope of review is intended to facilitate international legal transactions and to enable creditors to seek enforcement in Poland on the basis of foreign judgments.

Enforcement Proceedings

Thus, the enforcement of judgments issued by foreign courts is possible in Poland. Depending on the country of origin, initiating enforcement may require the creditor to take additional steps to obtain a declaration of enforceability. Before commencing any enforcement actions in Poland, it is also advisable to verify whether the debtor possesses assets within the country and whether there is a risk of their concealment or disposal.

Once the enforcement application has been filed with a bailiff, the proceedings are conducted in accordance with Polish law. The bailiff is authorised to take all legally permissible measures to identify, seize and sell the debtor’s assets, recover the amounts awarded under the foreign judgment, and transfer the recovered funds to the creditor.