A German supplier wins a judgment in Munich for EUR 850,000 against a Polish distributor. The court ruling is final. Yet the money sits untouched in a Polish bank account because nobody has taken the next step: enforcement. That step – converting a foreign judgment into a Polish enforcement title – is where commercial disputes are actually resolved or lost.

Under Rozporządzenie Bruksela I bis (Brussels I bis Regulation, EU Regulation 1215/2012), judgments issued in one EU member state are automatically recognised in Poland without any special procedure. Enforcement, however, requires a declaration of enforceability issued by a Polish court – a process known as the exequatur procedure. The standard timeline runs from six to twelve weeks, and court fees are fixed by statute at PLN 300 per application. Failure to initiate the procedure promptly risks the debtor dissipating assets before enforcement begins.

This guide walks through each stage of the Brussels I bis enforcement process in Poland: from filing the application at the correct court, through challenging a refusal, to instructing a Polish court enforcement officer (komornik sądowy). It also covers three practical business scenarios, common mistakes foreign creditors make, and a checklist of documents you need before filing.

How does Brussels I bis change the enforcement framework in Poland?

Brussels I bis – which replaced the earlier Brussels I Regulation from January 2015 – fundamentally simplified cross-border enforcement within the EU. Automatic recognition is the starting point. A judgment from any EU member state court is treated in Poland as if it were a Polish judgment, without any intermediate recognition step. What remains is the enforcement declaration, and Polish courts handle this through the National Court Register (Krajowy Rejestr Sądowy, KRS) district court system.

The practical consequence is speed. Under the predecessor regulation, creditors waited months for formal recognition. Today, a properly filed application moves to decision within roughly four to eight weeks at first instance. The Polish court handling the application does not re-examine the merits of the foreign judgment. It checks only whether the grounds for refusal under the Regulation – principally public policy and proper service – are present. Those grounds are narrow and rarely succeed.

One important distinction applies to certain categories of judgment. Decisions on interim measures, provisional orders, and some insolvency-related judgments fall outside the Regulation's scope. Those require separate procedures under Polish civil procedure law or, where applicable, the Rozporządzenie o postępowaniu upadłościowym (EU Insolvency Regulation). Creditors dealing with a debtor already in restructuring proceedings before a Polish court should note this boundary immediately.

The Polish Ministry of Justice (Ministerstwo Sprawiedliwości) serves as the central authority for information on enforcement procedures, and the Polish Financial Supervision Authority (Komisja Nadzoru Finansowego, KNF) becomes relevant where enforcement targets regulated entities or financial instruments. For most commercial debt cases, however, the district court (sąd okręgowy) at the debtor's domicile or seat is the correct filing point.

What is the step-by-step procedure for obtaining an enforcement declaration?

The enforcement declaration procedure under Brussels I bis has four distinct stages. Each carries its own deadline, document requirement, and risk of error. Getting the sequence right determines whether enforcement begins in weeks or months.

Stage 1 – Application filing. The creditor files a written application at the competent sąd okręgowy. The application must attach a certified copy of the foreign judgment and, where the judgment was issued by default, proof of service on the defendant. A translation into Polish by a sworn translator (tłumacz przysięgły) is mandatory for all documents. The court fee is PLN 300. Missing any document causes an immediate call for supplementation, adding two to four weeks to the timeline.

Stage 2 – Court examination. The court examines the application without hearing the debtor. This ex parte stage typically concludes within four to eight weeks. The court issues a declaration of enforceability (stwierdzenie wykonalności) or a refusal. A refusal at this stage is uncommon but possible where the judgment visibly conflicts with Polish public policy.

Stage 3 – Service and challenge period. Once the declaration is issued, it must be served on the debtor. The debtor then has 30 days (or 60 days if domiciled outside Poland) to lodge an appeal (zażalenie). During this window, enforcement cannot begin. Creditors sometimes overlook this pause – initiating enforcement before the appeal period expires exposes the entire process to reversal.

Stage 4 – Instruction to the enforcement officer. After the appeal period lapses without challenge, or after a successful appeal outcome, the creditor presents the enforcement title to a komornik sądowy. The enforcement officer has jurisdiction over the debtor's assets located in their district. Bank account seizure, wage garnishment, and real property enforcement are all available instruments. Asset tracing through the Central Register of Vehicles and the Land and Mortgage Register (Księga Wieczysta) can be requested directly by the enforcement officer.

What are the most common mistakes that cause enforcement to fail?

Cross-border enforcement failures in Poland cluster around a small number of recurring errors. Identifying them in advance is cheaper than correcting them after a refusal.

The most frequent mistake is filing at the wrong court. Brussels I bis requires filing at the court of the debtor's domicile or, for legal entities, registered seat. A creditor who files at a Warsaw court when the debtor's KRS address is in Wrocław faces an immediate referral – losing three to six weeks. Always verify the current KRS entry before filing. Company addresses change, and an outdated address in the creditor's records is a common trap.

The second mistake is an incomplete or uncertified translation. Polish courts will not accept apostille-only documents. Every page of the foreign judgment, including the operative part and the reasoning, must be translated by a sworn translator registered in Poland. Using a foreign-country sworn translator – even an EU-certified one – is insufficient. We secured enforcement of a Dutch commercial judgment for a manufacturing client in the Mazowieckie region (spring 2025) only after replacing an incomplete translation that had stalled the application for six weeks.

The third mistake involves timing. Creditors sometimes instruct the enforcement officer immediately after receiving the declaration, before the 30-day appeal window closes. Any enforcement action taken during the appeal period is voidable. The debtor need only file a timely appeal and request suspension to unwind the enforcement entirely – an irreversible setback that forfeits months of procedural work.

  • File at the court matching the debtor's current KRS address
  • Use a Polish-registered sworn translator for all documents
  • Wait for the 30-day (or 60-day) appeal period before instructing the enforcement officer
  • Verify asset location before selecting the enforcement officer's district
  • Request asset disclosure from the enforcement officer if the debtor's assets are unknown

How do three business scenarios play out under Brussels I bis?

Abstract rules become clearer through concrete situations. Three scenarios illustrate how the procedure adapts to different commercial contexts.

Manufacturing creditor – unpaid invoices. A Czech machinery supplier holds a Prague Commercial Court judgment for CZK 1.2m against a Polish buyer. The buyer has a registered seat in Katowice and owns machinery at a Silesian production facility. The creditor files at the Katowice District Court, attaches a certified Polish translation, and pays PLN 300. The declaration issues in five weeks. No appeal is filed. The creditor instructs the local enforcement officer, who levies execution against the machinery within 30 days of receiving the enforcement title. Total elapsed time: approximately 12 weeks.

IT services – judgment debtor relocated. A French software company holds a Paris Commercial Court judgment for EUR 320,000 against a Polish IT contractor. By the time enforcement begins, the contractor has changed its registered address from Warsaw to Gdańsk. The creditor's counsel checks the KRS before filing and correctly files in Gdańsk. The case proceeds without jurisdictional objection. This scenario illustrates why a KRS search on the day of filing – not the day the judgment was issued – is non-negotiable.

Foreign investor – debtor in pre-insolvency. A German investor's subsidiary in Lower Silesia holds an enforcement title against a local supplier. Before the enforcement officer acts, the supplier opens restructuring proceedings before a Wrocław court. Enforcement against assets covered by the restructuring moratorium is automatically stayed. The creditor must file a claim in the restructuring proceedings within the statutory 30-day creditor notification period. Missing that deadline precludes participation in the distribution plan – a consequence that cannot be undone. Our team obtained protective interim measures preserving assets worth over EUR 3m for a similar foreign investor in Lower Silesia (autumn 2024), allowing the creditor to maintain priority before the moratorium attached.

When can a Polish court refuse to enforce an EU judgment?

Refusal grounds under Brussels I bis are narrow by design. The Regulation lists them exhaustively, and Polish courts apply them strictly. Understanding the limits of each ground helps creditors assess the real risk of a refusal before filing.

Public policy (ordre public) is the most frequently invoked ground, and the most rarely successful. Polish courts have refused enforcement on public policy grounds in fewer than five percent of contested applications in recent years. The ground applies only where enforcement would violate a fundamental principle of Polish legal order – not merely where the foreign judgment differs from what a Polish court would have decided. A judgment awarding punitive damages at a level disproportionate to the loss sustained is one area where Polish courts have shown greater willingness to examine the issue, though refusals remain exceptional.

Proper service on a defaulting defendant is the second ground. Where the original proceedings were conducted in the defendant's absence, the Polish court will examine whether the defendant received the claim document in sufficient time to prepare a defence. This ground has practical bite in cases involving service by post to a Polish address that the creditor had not verified. If the defendant was never actually notified, enforcement can be refused – and that refusal is difficult to appeal without fresh evidence of service.

Irreconcilable judgments form the third ground. Where a Polish court has already issued a judgment between the same parties on the same subject matter, the foreign judgment cannot be enforced to the extent it conflicts. Creditors holding judgments against Polish debtors who have also litigated in Poland should check the KRS and court registers before assuming the field is clear. A conflicting Polish judgment – even one obtained by the debtor in a tactical parallel action – can block enforcement entirely, a risk that precludes recovery without a separate challenge to the Polish judgment.

For questions about enforcement where the underlying dispute involved arbitration in Poland or sanctions compliance considerations, the analysis shifts to different legal instruments. The disputes practice page sets out how those intersecting frameworks are handled.

Frequently asked questions

Q: How long does the full Brussels I bis enforcement process take in Poland, from filing to actual recovery?

A: The declaration of enforceability typically issues within four to eight weeks of a complete application. Add the 30-day appeal period, plus the enforcement officer's operational timeline of four to twelve weeks depending on asset type. A straightforward bank account seizure can complete in three to four months from filing. Real property enforcement takes considerably longer – often 12 to 24 months – because it requires a formal auction process under Polish civil procedure law. Costs beyond the PLN 300 court fee include sworn translation fees (roughly PLN 80–120 per page) and the enforcement officer's statutory commission, calculated as a percentage of the amount recovered.

Q: Is it a common misconception that Brussels I bis removes the need for any Polish court involvement?

A: Yes, and it is a costly one. Brussels I bis abolished the formal exequatur for recognition purposes, but enforcement still requires a Polish court declaration of enforceability. No creditor can instruct a Polish enforcement officer on the basis of a foreign judgment alone. The court involvement is streamlined – no merits re-examination, fixed fee, ex parte process – but it cannot be bypassed. Creditors who attempt to proceed directly to an enforcement officer waste time and expose themselves to procedural nullity of all enforcement acts taken without a valid Polish enforcement title.

Q: What happens if the debtor appeals the declaration of enforceability?

A: The debtor has 30 days from service of the declaration to file an appeal (zażalenie) with the court of appeal (sąd apelacyjny). The appeal does not automatically suspend enforcement, but the debtor may apply for a suspension pending the appeal outcome. If the appeal court upholds the declaration, enforcement proceeds. If it reverses, the creditor must re-examine the refusal grounds and consider whether the deficiency can be remedied – for example, by obtaining fresh proof of service. Appeals succeed in a minority of cases, but a well-prepared challenge on service grounds can delay enforcement by four to six months. For guidance on UK judgments enforced in Poland under a different legal framework, see the detailed walkthrough at enforcing a United Kingdom judgment in Poland.

What to prepare before filing – checklist

Before instructing Polish counsel to file the enforcement application, assemble the following:

  • Certified copy of the foreign judgment, including all operative pages and reasoning
  • Proof of service on the defendant in the original proceedings (where judgment was by default)
  • Sworn Polish translation of all documents by a translator registered in Poland
  • Current KRS extract confirming the debtor's registered address on the day of filing
  • Evidence of any assets located in Poland (bank accounts, real property, vehicles) to guide selection of the enforcement officer's district

Cases involving employment-related judgments – for example, where the foreign court awarded damages that include elements resembling severance – require additional analysis under Polish labour law. The severance pay calculation guide explains how Polish courts treat such components when they arise in cross-border enforcement contexts.

Enforcement against a debtor who is also subject to international sanctions requires separate compliance screening before any enforcement step. Releasing funds or assets to a sanctioned party – even through a court-supervised enforcement process – can constitute a sanctions violation. This is an area where creditors routinely underestimate the risk until it is too late to reverse the transaction.

The specific facts of your enforcement matter determine which instruments apply, which district is correct, and how quickly assets can be secured. Delays compound: a debtor who learns that enforcement is imminent has every incentive to restructure asset ownership or initiate defensive proceedings. Acting within days of the judgment becoming final – not weeks – is the difference between full recovery and a protracted chase.

To receive an expert assessment of your cross-border enforcement position in Poland, contact 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 dispute resolution and judgment enforcement. We work with Polish entrepreneurs, foreign investors, and in-house legal teams. To discuss your situation, contact info@kordeckipartners.com.

Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. KORDECKI & Partners assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@kordeckipartners.com.