Cross-border judgment enforcement – Brussels I bis

A German supplier wins a court judgment in Frankfurt. The Polish buyer still refuses to pay. The supplier's counsel assumes enforcement in Poland will be automatic – after all, both countries are EU member states bound by the same regulation. That assumption is only partially correct. The procedural steps that follow can take months if handled incorrectly.

Under EU Regulation 1215/2012 (Brussels I bis), a judgment given in one EU member state is recognised in all other member states without any special procedure. Enforcement, however, requires a formal declaration of enforceability – or, for judgments issued after 10 January 2015, a procedure under the abolition-of-exequatur regime. In Poland, the competent court for enforcement matters is the district court (sąd rejonowy) at the debtor's place of residence or registered office. The process, when correctly prepared, typically takes between four and eight weeks from filing to the first enforcement action.

This guide walks through the step-by-step procedure for enforcing an EU judgment in Poland under Brussels I bis. It covers the documents required, the timeline and costs, three business scenarios, common mistakes, and a practical checklist. It also explains when the enforcement mechanism intersects with arbitration Poland proceedings and sanctions compliance obligations.

What does Brussels I bis actually change for creditors in Poland?

Brussels I bis – formally EU Regulation 1215/2012 – replaced the earlier Brussels I Regulation and abolished the exequatur requirement for most civil and commercial judgments. A creditor holding a judgment issued after 10 January 2015 in another EU member state no longer needs a Polish court to declare that judgment enforceable before approaching a bailiff. This is the most significant procedural shift for cross-border enforcement in Poland.

The abolition applies to judgments in civil and commercial matters. It does not apply to revenue matters, customs, administrative law, or family law outside the scope of the regulation. Arbitration awards fall entirely outside Brussels I bis – those follow the New York Convention route, which is a separate procedure handled through Polish courts under different rules. A dispute lawyer advising a client on enforcement strategy must identify the instrument before preparing documents.

The National Court Register (Krajowy Rejestr Sądowy, KRS) is the starting point for locating a Polish corporate debtor's registered address and identifying the competent district court. The Ministry of Justice (Ministerstwo Sprawiedliwości) maintains a list of courts with international jurisdiction for enforcement matters. The Polish Financial Supervision Authority (KNF) is relevant only where the debtor is a regulated financial institution and asset-freezing orders are sought simultaneously.

One practical point that surprises foreign creditors: the bailiff in Poland (komornik sądowy) is a self-employed officer of the court, not a state employee. Creditors may choose their preferred bailiff from any district in Poland, regardless of where the debtor's assets are located – subject to certain asset-class exceptions. This flexibility matters when assets are spread across regions.

How does the step-by-step enforcement procedure work in Poland?

The procedure begins with obtaining the standard form certificate under Brussels I bis. This certificate is issued by the court that gave the original judgment. It confirms the judgment's enforceability in the state of origin. Without this certificate, a Polish bailiff will not proceed. Obtaining it typically takes one to three weeks, depending on the issuing court's workload.

Once the certificate is in hand, the creditor files an application with the competent district court in Poland. The application must include the original judgment (or a certified copy), the Brussels I bis certificate, and a certified translation into Polish. Translation is mandatory – this is the step most often underestimated. A professional certified translator (tłumacz przysięgły) is required. Translation costs for a 20-page judgment typically range from PLN 1,500 to PLN 4,000, depending on complexity and language.

The court does not conduct a substantive review of the foreign judgment under Brussels I bis. It checks only for formal completeness and whether any grounds for refusal under the regulation apply – primarily public policy and proper service. This limited review is what makes the process significantly faster than pre-2015 exequatur proceedings. The court issues an enforcement clause (klauzula wykonalności) within days of accepting a complete file.

Obtain the Brussels I bis standard form certificate from the originating court
Prepare a certified Polish translation of the judgment and certificate
File the application at the competent district court in Poland
Receive the enforcement clause and forward it to a chosen bailiff
Instruct the bailiff on the assets to be seized – bank accounts, real estate, receivables

We secured enforcement of a German commercial judgment exceeding EUR 800,000 for a machinery exporter operating in the Mazowieckie region (autumn 2025). The enforcement clause was issued within 11 days of filing. The bailiff recovered funds from the debtor's bank accounts within a further three weeks.

What are the three business scenarios where Brussels I bis enforcement becomes complex?

Scenario one: a manufacturing client holds a French judgment against a Polish subcontractor. The subcontractor has since restructured and opened insolvency proceedings before a Polish court. Once insolvency proceedings are opened, individual enforcement actions are stayed by operation of Polish insolvency law. The creditor must file a proof of claim in the insolvency proceedings instead. The Brussels I bis certificate remains useful – it establishes the claim's validity without requiring re-litigation in Poland.

Scenario two: an IT company based in Warsaw seeks to enforce a Dutch judgment against a debtor whose only assets are intellectual property rights registered with the Polish Patent Office (Urząd Patentowy RP). Enforcement against IP rights requires specific bailiff instructions and coordination with the Patent Office. The timeline extends to roughly 12 weeks. This scenario also raises questions about GDPR compliance where enforcement involves accessing personal data held by the debtor.

Scenario three: a foreign investor holds a judgment from an Italian court against a Polish real estate developer. Italian judgments are enforceable in Poland under Brussels I bis on the same basis as any other EU member state judgment. For background on the Italian-Polish enforcement dynamic, see our earlier analysis of enforcing an Italian judgment in Poland step by step. Real estate enforcement requires a separate application to the land and mortgage register court and takes considerably longer – typically four to nine months for a completed auction.

All three scenarios share one common risk: a debtor who anticipates enforcement may transfer assets before the bailiff acts. Polish law permits a creditor to apply for interim measures (zabezpieczenie roszczenia) before or during enforcement proceedings. Acting within the first 48 hours of receiving the enforcement clause is often decisive.

What are the most common mistakes that delay or defeat enforcement?

The single most common mistake is submitting an incomplete translation. Polish courts will not accept a partial translation or a summary. Every page of the judgment and every field of the Brussels I bis certificate must be translated. One missing field returns the file to the applicant, adding weeks to the timeline. Courts in Warsaw and Kraków process complete files faster than incomplete ones – the difference can be three weeks.

A second frequent error is choosing the wrong competent court. The district court at the debtor's last known registered address is competent. If the debtor has moved its registered office after the judgment was issued, the creditor must verify the current address in the KRS before filing. Filing at the wrong court results in a transfer order, not an outright rejection – but the transfer adds four to six weeks.

Third: creditors sometimes overlook sanctions compliance checks before instructing a bailiff. Where the debtor is connected to sanctioned jurisdictions or listed individuals, enforcing a judgment may itself require a licence from the relevant authority. This applies particularly to debtors with ownership structures touching Russia or Belarus. Our guide on dispute resolution for companies doing business in Poland addresses this intersection in more detail.

A fourth mistake is failing to instruct the bailiff specifically. A vague instruction – "please enforce against all assets" – leads to delays. Polish bailiffs act more efficiently when given specific account numbers, real estate registry numbers, or identified receivables. Creditors with access to the debtor's financial data from prior contractual relationships are in a stronger position. Acting within days, not weeks, of receiving the enforcement clause protects against asset dissipation.

We obtained interim asset-freezing measures protecting receivables worth over PLN 3.5m for a logistics client in Lower Silesia (spring 2026). The application was filed within 24 hours of the enforcement clause being issued. The debtor's attempt to transfer funds to a related entity was blocked.

Frequently asked questions

Q: Does Brussels I bis apply to arbitration awards made in other EU member states?

A: No. Brussels I bis explicitly excludes arbitration from its scope. An arbitration award – even one issued in another EU country – must be enforced in Poland under the New York Convention. This requires a separate recognition procedure before a Polish court, which involves a substantive review of the award. The process typically takes three to six months. A dispute lawyer advising on enforcement strategy should identify the instrument at the outset, since mixing up the two routes causes significant delay.

Q: How long does the full enforcement process take, and what does it cost?

A: From the moment a complete application is filed in Poland, receiving the enforcement clause takes approximately one to three weeks. The bailiff then acts within the following two to four weeks for bank account seizures. Total costs include a court fee of PLN 300 for the enforcement clause application, translation costs of PLN 1,500 to PLN 4,000, and the bailiff's commission (calculated as a percentage of the recovered amount, with a statutory cap). Real estate enforcement extends the timeline to several months.

Q: Can a Polish debtor challenge a foreign EU judgment once enforcement begins?

A: Yes, but the grounds are narrow. Under Brussels I bis, a debtor may apply to the Polish court to refuse or suspend enforcement only on specific grounds: manifest breach of public policy, lack of proper service of the originating proceedings, or irreconcilability with another judgment. The debtor cannot re-litigate the merits of the foreign judgment. A KIO appeal (procurement challenge) is entirely unrelated to civil enforcement and is a common misconception among debtors seeking to delay proceedings. The Polish court's review is limited and rarely results in refusal.

What to prepare before filing – enforcement checklist

Creditors who prepare thoroughly before filing reduce the risk of procedural delays substantially. The following items should be ready before approaching a Polish court or bailiff.

Certified copy of the foreign judgment (apostille not required within the EU)
Brussels I bis standard form certificate from the originating court
Certified Polish translation of both documents by a sworn translator
KRS extract confirming the debtor's current registered address in Poland
Specific identification of assets to be seized – account numbers, property identifiers, or known receivables

Sanctions compliance screening of the debtor should be completed before the file is submitted. This protects the creditor from inadvertently violating EU or national sanctions regimes. Where the debtor's ownership structure is opaque, a beneficial ownership check through the Central Register of Beneficial Owners (Centralny Rejestr Beneficjentów Rzeczywistych, CRBR) is a useful preliminary step. Litigation Warsaw practitioners routinely run this check as part of pre-enforcement due diligence.

Specific enforcement instructions for the bailiff should be drafted in advance. A well-prepared instruction set – naming banks, account numbers, and real estate registry entries – significantly shortens the time between the enforcement clause and actual asset recovery. Foreign creditors unfamiliar with Polish enforcement practice benefit from local counsel who can coordinate directly with the bailiff.

The specific circumstances of your case – debtor location, asset type, and judgment origin – determine which procedural route is fastest and carries least risk of challenge. Delays compound. Every week of inaction gives a debtor more time to restructure assets.

To discuss how Brussels I bis applies to your enforcement situation, email info@kordeckipartners.com.

KORDECKI & Partners is a law firm based in Warsaw and Krakow, advising business clients across 30 jurisdictions. Our team combines expertise in Polish and international law with a practical approach to cross-border judgment enforcement, commercial litigation, and arbitration proceedings. We work with Polish entrepreneurs, foreign investors, and in-house legal teams. To discuss your situation, contact info@kordeckipartners.com.