In principle, the judgments of a given national court are valid and legally binding only within the territory of the court’s country. However, there is an opportunity to recognize such foreign judgments in Poland – for this purpose the proceedings for ascertainment of enforceability must be conducted.
The matter of recognition of foreign courts’ judgments is regulated by international agreements of different sorts. Usually, the provisions stipulated in these agreements take precedence over the national regulations. At this point it is important to remember that the enforceability of foreign judgments originating form EU Member States is treated in a different manner from the initially mentioned judgments. Namely, they are regulated by the European community law and thereby do not require the entire proceedings for ascertainment of enforceability.
For the purpose of making them valid and legally binding it is sufficient if the court appends a European Enforcement Order to them – it serves as the legal basis for their direct recognition in each of the EU Member States.
Yet, one should not forget that such solution is applicable only to non-property cases that are not the basis for initiating execution proceedings. In that case, the proceedings for ascertainment of enforceability before the territorially competent district court must be conducted, regardless of whether the judgment originates from an EU Member State or any other state (click HERE to learn more).
The application for bringing the proceedings for ascertainment of enforceability can be submitted by any properly interested person. The application should include the basic information such as details of the participants of the proceedings (including their citizenship, professions, places of residence), description of the factual background etc. Apart from that, the following documents should be attached: the original copy of the judgment of a foreign court and its sworn translation.
CGO Legal law firm provides services covering the proceedings for ascertainment of enforceability of foreign courts’ judgments in Poland. We prepare the adequate applications, assist in gathering the necessary documentations and represent the Client throughout the entire course of the proceedings.
In order to be provided with more details please do not hesitate to contact us.