A German logistics company obtains a court judgment in Hamburg against its Polish distributor for unpaid invoices totalling EUR 380,000. The judgment is final. The distributor's assets – bank accounts, fleet, warehouse stock – are all in Poland. Now the real work begins.
Enforcing a German judgment in Poland is governed by EU Regulation No 1215/2012 (Brussels Ia), which applies to judgments from EU Member States in civil and commercial matters. Under Brussels Ia, a German judgment issued after 10 January 2015 is enforceable in Poland without any prior declaration of enforceability – the so-called exequatur procedure has been abolished. The creditor must obtain a certified copy of the judgment and a standard certificate from the German court, then proceed directly to a Polish bailiff (komornik) to commence enforcement. The entire process, from filing to first enforcement action, typically takes four to ten weeks.
This guide walks through each stage: identifying the correct legal instrument, preparing the document package, selecting the right Polish court district, and avoiding the procedural mistakes that stall enforcement. Three business scenarios – a manufacturing supplier, an IT services provider, and a German direct investor – illustrate how the same framework applies differently depending on asset type and debtor structure.
Which legal instrument applies to your German judgment?
The starting point is always the nature of the judgment and its date of issue. Brussels Ia covers civil and commercial judgments from German courts issued on or after 10 January 2015. For judgments predating that threshold, the older Brussels I Regulation (No 44/2001) required a separate exequatur declaration before the Polish court – a step that added six to twelve weeks to the timeline. Knowing which regime applies can save significant time and cost.
Beyond Brussels Ia, two additional EU instruments are relevant. The European Enforcement Order (EEO) Regulation applies to uncontested claims certified by the court of origin. If the German court has issued an EEO certificate, the creditor can proceed directly to the Polish bailiff without any additional Polish court involvement. The European Order for Payment (EOP), governed by Regulation No 1896/2006, similarly bypasses the Polish courts once a declaration of enforceability is attached. For most contested commercial disputes, however, Brussels Ia remains the operative instrument.
One important boundary: Brussels Ia does not cover arbitration awards. A German arbitral award requires a separate recognition procedure before the Polish court under the New York Convention 1958. The National Court Register (Krajowy Rejestr Sądowy, KRS) records in the debtor's file may influence which court district is competent for that application. For guidance on how expert evidence interacts with Polish court proceedings, see our article on expert witnesses in Polish court proceedings.
- Brussels Ia – contested civil/commercial judgments from 10 January 2015 onward
- EEO certificate – uncontested claims, direct bailiff access
- EOP declaration – European payment orders with enforceability certificate
- New York Convention – German arbitral awards, Polish court recognition required
What documents does the Polish bailiff require?
Under Brussels Ia, the document package is straightforward but precision matters. A missing translation or an uncertified copy will cause the bailiff to reject the application, adding weeks of delay. The core package consists of three elements: the certified copy of the judgment, the Article 53 certificate (a standard form issued by the German court), and a sworn Polish translation of both documents. The certificate must be issued by the court that rendered the judgment – a notarial copy alone is insufficient.
Sworn translations must be prepared by a translator entered on the official list maintained by the Ministry of Justice of Poland (Ministerstwo Sprawiedliwości). A standard certified translation of a two-page certificate costs between PLN 300 and PLN 600 per page. For a judgment running to twenty pages, translation costs alone can reach PLN 8,000 to PLN 12,000. Budget for this early – rushed sworn translations carry a premium.
We secured enforcement of a German commercial judgment for a manufacturing client in the Mazowieckie region (autumn 2025). The debtor had attempted to frustrate enforcement by dispersing assets across three bank accounts. Early coordination between the bailiff and a simultaneous KRS search enabled the creditor to freeze all three accounts within 48 hours of the bailiff receiving the application.
The bailiff's fee for enforcement is set by Polish law at a percentage of the recovered amount – typically 15 percent of the sum actually collected, subject to a statutory cap. For a EUR 380,000 claim, the bailiff's fee on full recovery would be approximately PLN 90,000 to PLN 110,000 at current exchange rates. The creditor advances a filing fee of PLN 200 when submitting the enforcement application.
How does the step-by-step enforcement procedure work in Poland?
Step one: obtain the certified judgment copy and Article 53 certificate from the German court. Allow five to fifteen business days for the German court to issue these. Step two: commission sworn Polish translations. Allow ten to fifteen business days for a standard translation; expedited service takes three to five days at a higher rate. Step three: file the enforcement application with the chosen Polish bailiff, attaching the full document package. The bailiff is competent based on the location of the debtor's assets, not the debtor's registered address.
Step four: the bailiff issues an enforcement notice to the debtor and simultaneously places a levy on identified assets. Under Polish enforcement procedure, the debtor receives a seven-day period to voluntarily satisfy the judgment before the bailiff proceeds to compulsory measures. Step five: if voluntary payment is not made, the bailiff proceeds to attachment of bank accounts, seizure of movable property, or – for real estate – initiates a separate judicial sale procedure before the district court (sąd rejonowy). Real estate enforcement adds three to nine months to the timeline.
A German IT services provider faced a debtor in Pomerania who contested the German judgment's enforceability on public-policy grounds (spring 2026). Our team obtained an interim order from the Polish court preserving the debtor's assets – valued at over EUR 1.2m – within ten days of filing, preventing dissipation while the public-policy objection was heard. The objection was ultimately dismissed.
Throughout the process, the creditor should monitor the debtor's KRS filings for any restructuring or insolvency proceedings. An insolvency filing by the debtor immediately suspends individual enforcement actions. The creditor must then file a proof of claim in the insolvency proceedings within the statutory deadline – typically thirty days from the announcement in the Court and Commercial Gazette (Monitor Sądowy i Gospodarczy).
What are the common mistakes that stall enforcement?
The most frequent error is filing with the wrong bailiff. Polish bailiffs have territorial jurisdiction tied to the location of specific assets, not the debtor's domicile. A creditor who files with the bailiff at the debtor's registered office – but whose target is a bank account held at a branch in a different district – will face a jurisdictional objection. This costs four to six weeks and the refiled application fee. Asset location must be verified before filing, not after.
The second common mistake is submitting translations that are technically correct but fail to reproduce official seals and stamps. Polish procedural rules require that the sworn translation reproduce all official markings on the original document. A translation that omits a court seal – even if the text is accurate – will be rejected. This is a detail that non-specialist translators frequently miss.
Third: underestimating the public-policy defence. Under Brussels Ia, a debtor in Poland can oppose enforcement on limited grounds, including public policy (ordre public). Polish courts interpret this defence narrowly, but a debtor with legal representation will routinely raise it to buy time. The creditor should prepare a concise written response addressing the most common public-policy arguments before they are raised – not reactively after the debtor files. A well-prepared creditor resolves a public-policy challenge in four to six weeks; an unprepared one may spend three to four months in ancillary proceedings.
For investors considering the broader context of structuring a Polish presence – which affects the asset base available for enforcement – see our analysis of sp. z o.o. vs SA: decision matrix for Germany investors.
- Verify asset location before selecting the bailiff's district
- Confirm sworn translations reproduce all official seals and stamps
- Prepare a public-policy response document before filing
- Monitor the debtor's KRS and insolvency register throughout enforcement
- Budget for real estate enforcement timelines if immovable assets are targeted
Failing to act promptly is itself a risk. A debtor who learns that enforcement proceedings are imminent may transfer assets to related parties or initiate a voluntary restructuring that suspends enforcement for up to four months. Speed – from judgment to bailiff application – forecloses that window. Every week of delay is a week the debtor can use to reduce the asset base available to satisfy the claim.
To receive an expert assessment of your enforcement position in Poland, contact info@kordeckipartners.com.
How do enforcement timelines and costs compare across three business scenarios?
The manufacturing supplier scenario involves a German company with a final Hamburg judgment for EUR 180,000 against a Polish manufacturer. The debtor owns industrial equipment and holds a current account at a Polish bank. Timeline: document preparation three weeks, bailiff filing and account attachment two weeks, voluntary payment period one week. Total time to payment: six to eight weeks if the debtor pays voluntarily. Costs: translation PLN 4,000, bailiff filing PLN 200, bailiff fee on recovery approximately PLN 42,000. Net recovery after costs: approximately 95 percent of the judgment value.
The IT services scenario involves a Berlin-based software company with a EUR 55,000 judgment for unpaid licence fees. The Polish debtor is a limited liability company (spółka z ograniczoną odpowiedzialnością, sp. z o.o.) with no real property but with regular receivables from clients. Enforcement targets the debtor's receivables – a levy on third-party debts. This is legally straightforward but slower: the bailiff must identify and notify each third-party debtor. Timeline: ten to fourteen weeks. Costs are similar proportionally, but the bailiff fee on a smaller recovery is approximately PLN 12,000.
The German direct investor scenario is more complex. A German parent company holds a judgment against its Polish subsidiary following a dispute over intercompany loans. The subsidiary owns a commercial property in Silesia valued at approximately PLN 4m. Real estate enforcement requires a judicial sale before the district court. Timeline: twelve to twenty-four months from filing to distribution. Costs include court fees of PLN 1,000 to PLN 2,000 and valuation expert fees of PLN 5,000 to PLN 15,000. For parallel enforcement considerations in other EU jurisdictions, see our guide on enforcing an Italian judgment in Poland.
Frequently asked questions
Q: Does a German judgment need to be recognised by a Polish court before the bailiff can act?
A: Under Brussels Ia, no prior recognition or exequatur declaration is required for German judgments in civil and commercial matters issued from 10 January 2015. The creditor proceeds directly to the Polish bailiff with the certified judgment, the Article 53 certificate, and sworn Polish translations. The bailiff may not refuse to commence enforcement on the ground that the judgment is foreign – only a formal public-policy objection raised by the debtor triggers court involvement.
Q: How long does enforcement realistically take, and what does it cost in total?
A: For liquid assets – bank accounts or movable property – the realistic timeline from document preparation to first payment is six to twelve weeks. Real estate enforcement extends to twelve to twenty-four months due to the mandatory judicial sale procedure. Total costs for a EUR 200,000 claim typically include PLN 4,000 to PLN 12,000 in translation and filing fees, plus a bailiff fee of approximately 15 percent of the recovered sum. The creditor can seek recovery of reasonable enforcement costs from the debtor.
Q: Can a Polish debtor successfully block enforcement of a German judgment on public-policy grounds?
A: Rarely, but the defence is routinely invoked to delay proceedings. Polish courts apply the public-policy exception narrowly – it requires a manifest breach of a fundamental principle of Polish law, not merely a procedural difference between German and Polish proceedings. A judgment obtained after proper service and a fair hearing will almost never be blocked on this ground. Creditors should nonetheless prepare a written response addressing the most common arguments, as this shortens the ancillary hearing from months to weeks.
What to prepare before filing for enforcement in Poland
- Certified copy of the German judgment issued by the originating court
- Article 53 certificate (Brussels Ia standard form) from the German court
- Sworn Polish translations of both documents by a Ministry of Justice-listed translator
- Asset location report: bank, real estate register, KRS filings for the debtor
- Bailiff district identification based on verified asset location
A specific enforcement situation – particularly one involving disputed assets, an imminent insolvency risk, or a debtor actively dissipating property – requires immediate professional assessment. Delay forfeits the practical advantage that a final judgment confers: the right to act before the debtor acts first.
If your company holds a German judgment against a Polish debtor and needs to commence enforcement within the next thirty days, our team will conduct an asset review, prepare the full document package, coordinate with the Polish bailiff, and manage any public-policy challenges: info@kordeckipartners.com.
About KORDECKI & Partners
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 enforcement and commercial disputes. 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.