A Luxembourg court has ruled in your favour. The debtor's assets are in Poland. Now the clock starts ticking – because a foreign judgment does not automatically carry enforcement weight on Polish territory, and delay gives the debtor time to move or conceal those assets.
Enforcing a Luxembourg judgment in Poland follows the framework of EU Regulation No 1215/2012 (Brussels I Recast), which abolished the old exequatur procedure for most civil and commercial matters. Under that regulation, a Luxembourg judgment issued after 10 January 2015 is directly enforceable in Poland without a separate declaration of enforceability – provided the creditor obtains a certified copy and the standard certificate from the Luxembourg court. The enforcement itself is conducted by a Polish court bailiff (komornik) under the supervision of the district court (sąd rejonowy) at the debtor's location.
This alert explains who is affected, what the procedural steps look like in practice, and which deadlines you cannot afford to miss. The analysis covers both the standard Brussels I Recast route and the residual scenarios where that regulation does not apply.
Who is affected – and when does Brussels I Recast apply?
Brussels I Recast covers civil and commercial judgments issued by courts of EU member states. Luxembourg judgments in contract, tort, or unjust enrichment disputes almost always fall within scope. The regulation does not apply to insolvency proceedings, family law, or arbitration awards – those follow separate tracks. If your Luxembourg judgment relates to a real estate dispute, the firm's Luxembourg real estate practice can advise on the additional procedural layer that applies to immovable property claims.
The practical threshold matters here. Polish enforcement proceedings have a minimum fee structure: bailiff charges are calculated as a percentage of the recovered amount, with a statutory floor of PLN 150 and a ceiling of PLN 100,000 per enforcement action. For judgments below approximately PLN 10,000, the economics of enforcement in Poland can be unfavourable unless the debtor has easily accessible bank accounts. Above that threshold, enforcement is generally cost-effective.
Three categories of creditors are most commonly affected:
- Luxembourg-based companies with Polish subsidiaries or trading partners
- Foreign investors holding judgments against Polish counterparties
- Creditors in cross-border supply chain or financial services disputes
One scenario worth flagging: if the Luxembourg judgment was itself based on an arbitration award, the Polish courts will treat it as a court judgment – not as an award requiring separate recognition under the New York Convention. That distinction matters for the procedural route you choose. For guidance on drafting arbitration clauses that avoid this ambiguity, see our analysis of arbitration clauses in Polish contracts.
What are the immediate action steps and deadlines?
Speed is the defining factor. Under Brussels I Recast, there is no fixed statutory deadline for presenting a Luxembourg judgment to a Polish bailiff – but the debtor can apply to suspend enforcement if proceedings are pending in Luxembourg, and Polish limitation periods apply to the underlying claim. The general limitation period under Polish civil law is six years for court-confirmed claims. Missing that window forfeits enforcement rights entirely and cannot be remedied.
We obtained a freezing order protecting assets worth over PLN 3.5m for a financial services client in Mazowieckie (autumn 2025), acting within 72 hours of the Luxembourg judgment becoming final. Speed was the deciding factor – the debtor had already initiated a transfer of the main bank account.
The procedural sequence runs as follows:
- Obtain a certified copy of the Luxembourg judgment from the issuing court
- Obtain the Article 53 certificate (Form I) – issued by the Luxembourg court, typically within 5–10 working days
- Prepare a certified Polish translation of both documents (sworn translator required)
- Submit the documents directly to the Polish bailiff at the debtor's location – no court filing required for the enforcement order itself
- The bailiff issues a formal enforcement notice to the debtor, who then has 14 days to raise objections
The 14-day objection window is the most sensitive moment. A debtor who raises a public policy (ordre public) objection triggers a review by the district court (sąd rejonowy), which can suspend enforcement pending that review. Polish courts apply the public policy exception narrowly – procedural irregularities in Luxembourg proceedings rarely succeed – but the suspension itself causes delay. Engaging a disputes lawyer in Poland before the bailiff serves notice allows you to prepare counter-arguments in advance and minimise that window.
Our team secured enforcement of a Luxembourg commercial judgment exceeding EUR 800,000 for a technology sector client in Lower Silesia (spring 2025). The debtor raised a public policy objection; we obtained a court ruling dismissing it within 21 days, and the bailiff proceeded to levy on the debtor's receivables within the same month.
A practical checklist of what to prepare before approaching the bailiff:
- Certified copy of the Luxembourg judgment (apostille not required within the EU)
- Form I certificate from the Luxembourg court
- Sworn Polish translation of both documents
- Evidence of the debtor's assets in Poland (bank account details, real estate register extracts, KRS filings)
Sanctions compliance deserves a brief note. If the debtor is a sanctioned entity or individual, enforcement may be blocked regardless of the judgment's validity. Polish courts and bailiffs are required to screen against EU sanctions lists maintained by the Office of Foreign Assets Control equivalents at the EU level. Creditors should conduct that screening before initiating proceedings to avoid procedural complications.
The National Court Register (Krajowy Rejestr Sądowy, KRS) is the primary source for identifying the debtor's registered assets and legal representatives in Poland. The Land and Mortgage Register (Księga Wieczysta) covers real property. Both are publicly accessible and should be checked before selecting the competent bailiff district.
For a tailored strategy on enforcing your Luxembourg judgment in Poland, reach out to info@kordeckipartners.com.
Frequently asked questions
Q: Does a Luxembourg judgment need to be translated into Polish before enforcement?
A: Yes. Polish procedural law requires a sworn (certified) translation of both the judgment and the Brussels I Recast certificate before the bailiff can act. The translation must be prepared by a sworn translator registered with the Polish Ministry of Justice. Budget approximately 5–10 working days for this step, depending on document length.
Q: What happens if the debtor files for insolvency in Poland after the judgment is obtained?
A: Individual enforcement proceedings are automatically stayed once the District Court (sąd rejonowy) opens insolvency proceedings against the debtor. The creditor must then file a proof of claim with the insolvency administrator within the period set by the court – typically 30 days from the announcement in the Court and Economic Monitor (Monitor Sądowy i Gospodarczy). Failure to file within that period risks exclusion from the distribution plan.
Q: Can a Luxembourg judgment be enforced against a Polish individual, not just a company?
A: Yes. Brussels I Recast applies equally to judgments against natural persons. The bailiff district is determined by the debtor's place of residence or the location of the assets to be seized. Polish law limits enforcement against wages to a statutory threshold – currently 50% of net salary for most debt types – and certain assets (such as basic household items) are exempt from seizure regardless of the judgment amount.
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, commercial litigation, and arbitration Poland. 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.