A Swiss court has ruled in your favour. The defendant holds assets in Poland. The judgment sits in your hand – but Polish enforcement machinery will not move until a separate recognition procedure is complete. That gap between winning and collecting is where creditors lose time, and sometimes lose everything.

Enforcing a Swiss judgment in Poland requires a formal recognition or declaration of enforceability by a Polish court before any bailiff can act. Switzerland is not a member of the European Union, so the Brussels I Recast Regulation does not apply. Instead, Polish courts apply national private international law – the Prawo prywatne międzynarodowe (Private International Law Act, PPML) – alongside the bilateral Polish-Swiss convention on civil and commercial matters. Recognition can take between three and six months, depending on court workload and the complexity of the case.

This alert covers the three stages every creditor must understand: the legal framework that governs recognition, the procedural steps and deadlines inside the Polish court system, and the immediate actions that protect your position from the moment you decide to enforce.

What legal framework applies when Switzerland is the country of origin?

The starting point matters enormously. Poland and Switzerland are both parties to the 1954 Hague Convention on Civil Procedure, but that instrument does not govern enforcement. The operative framework is the bilateral agreement between Poland and Switzerland on legal assistance in civil and commercial matters, supplemented by the PPML. Under Polish private international law, a foreign judgment is recognised if it meets a defined checklist of conditions – none of which involve automatic mutual recognition.

Polish courts – specifically the district courts (sądy okręgowe) with jurisdiction over the debtor's domicile or asset location – examine five core conditions. The judgment must be final and enforceable in Switzerland. The Swiss court must have had proper jurisdiction under Polish conflict-of-laws rules. The defendant must have been properly served and given a fair opportunity to participate. The judgment must not conflict with a prior Polish judgment or pending Polish proceedings. Finally, recognition must not violate Polish public policy (klauzula porządku publicznego).

Public policy is the condition most frequently invoked by debtors seeking to block enforcement. Polish courts apply it narrowly, but awards involving punitive damages or procedural irregularities have occasionally triggered review. (Arbitration awards seated in Switzerland follow a parallel but distinct track under the New York Convention – a point worth separating clearly from court judgments.) For creditors holding a Swiss judgment on a commercial debt, the framework is generally predictable, provided the judgment is formally authenticated.

  • Obtain a certified copy of the Swiss judgment with an apostille under the 1961 Hague Convention
  • Prepare a sworn Polish translation by a certified translator
  • Confirm the judgment is final and enforceable under Swiss law (certificate from the issuing court)
  • Identify the competent Polish district court based on debtor domicile or asset situs
  • File the recognition petition with the court fee – currently PLN 300 for a non-contentious recognition application

We secured recognition of a Swiss commercial judgment for a Zurich-based trading company against a debtor in the Mazowieckie region (autumn 2025). The process ran four months from filing to enforceable order, with no public-policy objection raised.

What are the procedural steps and critical deadlines inside the Polish court?

Once the petition is filed, the district court notifies the debtor and sets a response deadline – typically 14 days. If the debtor contests recognition, the court schedules a hearing. Uncontested cases can be resolved on the papers alone, which compresses the timeline significantly. The court issues a ruling (postanowienie); either party may appeal to the court of appeal (sąd apelacyjny) within 14 days of service of the ruling with written reasons.

After the recognition order becomes final, the creditor applies to the same district court for an enforcement clause (klauzula wykonalności). That step is administrative and usually takes no more than seven days. With the enforcement clause attached, the judgment becomes a writ of execution (tytuł wykonawczy) and the creditor can instruct a court bailiff (komornik sądowy) to levy on bank accounts, receivables, or real property. Bailiff fees are regulated and depend on the amount recovered – the base rate is 10% of the amount enforced, subject to a statutory ceiling.

Timing is not the only risk. A debtor who learns that enforcement is coming may transfer assets. Polish law permits interim protective measures (zabezpieczenie roszczenia) – asset freezes, injunctions, and account attachments – even before the recognition petition is decided. The creditor must show a plausible claim and a risk of enforcement being frustrated. Courts can grant interim measures within 24 hours in urgent cases. Missing this window forfeits the practical value of the judgment.

Our team obtained interim measures protecting assets worth over EUR 3m for a Swiss investor's Polish counterparty dispute in Lower Silesia (spring 2025). The freeze was granted before the debtor could execute a planned asset transfer.

For creditors also considering property acquisition in Poland alongside their enforcement action, the procedural landscape overlaps in important ways – see our guide on buying property in Poland as a Switzerland national for the parallel framework. Creditors enforcing judgments from other non-EU jurisdictions may also find it useful to compare the approach outlined in our article on enforcing a UAE judgment in Poland.

What immediate actions protect your position right now?

The single most damaging mistake creditors make is waiting. Every week between the Swiss judgment becoming final and the filing of a Polish recognition petition is a week in which the debtor can move assets, enter insolvency, or encumber property. Polish enforcement law does not penalise delay, but commercial reality does – and the consequences are irreversible once assets are gone.

Three actions should happen within the first 30 days after the Swiss judgment becomes final. First, commission a Polish asset search. Bailiffs and specialist investigators can identify bank accounts, real estate registered in the National Court Register (Krajowy Rejestr Sądowy, KRS), and vehicle registrations. Second, instruct Polish counsel to draft the recognition petition and assess whether interim measures are warranted. Third, obtain the apostille and certified translation – these steps alone can take two to three weeks if not started immediately.

Sanctions compliance is a separate but related consideration. If the debtor or its beneficial owners appear on EU or Polish sanctions lists maintained by the Polish Financial Supervision Authority (Komisja Nadzoru Finansowego, KNF) or the General Inspector of Financial Information (Generalny Inspektor Informacji Finansowej, GIIF), enforcement may be restricted or require a licence. Creditors should run a sanctions screen before filing, not after. For a full picture of dispute enforcement options in Poland, including litigation and arbitration in Poland, our disputes practice page sets out the available instruments.

What to prepare before instructing Polish counsel:

  • Original Swiss judgment with apostille and certified Polish translation
  • Certificate of finality and enforceability from the Swiss court
  • Evidence of proper service on the defendant in the Swiss proceedings
  • Asset information: KRS extracts, land register entries, known bank relationships
  • Sanctions screen results for debtor and beneficial owners

A specific enforcement situation carries irreversible risk if the debtor is actively managing its balance sheet. Delay of even 60 days can move a recoverable claim into an uncollectable one. To receive an expert assessment of your Swiss judgment and enforcement options in Poland, contact info@kordeckipartners.com.

Frequently asked questions

Q: Can I skip the recognition step and go directly to a Polish bailiff with my Swiss judgment?

A: No. A Swiss judgment has no direct enforcement effect in Poland without a prior recognition order from a Polish district court. The bailiff will refuse to act without a Polish writ of execution. There is no shortcut under current Polish law for non-EU judgments.

Q: How much does the full recognition and enforcement process cost in Poland?

A: Court fees for the recognition petition are fixed at PLN 300. Legal fees depend on the complexity of the case and whether the debtor contests recognition. Bailiff fees on enforcement are regulated at 10% of the amount recovered, subject to a statutory cap. Budget for the process taking three to six months in a contested case.

Q: Does the public policy exception often block Swiss judgments in practice?

A: For standard commercial judgments – debt, damages, contractual claims – Polish courts apply the public policy exception narrowly. It is raised frequently by debtors as a delay tactic but rarely succeeds. Judgments involving punitive damages significantly exceeding compensatory amounts, or those obtained in proceedings where the defendant was not properly notified, carry higher risk of challenge.

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 enforcement and litigation. 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.