International trade disputes

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International trade disputes

We support our clients in trade disputes with the European Union and international institutions.

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We assist with:

legal support in cases of recognition and effectiveness of Judgments, decisions, settlements, payment orders issued by courts of EU Member States,
determining the factual and legal background, which enables us to decide on the most adequate course of action with such ruling,
representing the Client throughout the entire proceedings and track their course.
covering the proceedings for ascertainment of enforceability of foreign courts’ judgments in Poland
preparing the adequate applications and gathering the necessary documentations.

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Poland & European Union

The matter of recognition of judgments, decisions, settlements, payment orders issued by courts of EU Member States is regulated by European community law. Particularly, by the following acts: Regulation (EU) No 1215/2012 and No 606/2013 of the Parliament and of the Council. They clearly regulate the matter of recognition of rulings by EU Member States’ courts in other states (for example in Poland) differently than the rulings of courts from out of the European community. In both cases it is legally possible to make a foreign ruling legally binding in a country other than the one of its origin, but the formal path leading to it is different.
In case of the EU Member States’ courts, the rulings become subject to recognition by virtue of appending the European Enforcement Order to them. It is not necessary to apply for and conduct the special proceedings for ascertainment of enforceability (which is required for rulings originating from out of the EU Member States). However, this pertains mainly to non-property cases. If a given ruling can become e.g. the basis for execution, the foregoing proceedings must be conducted regardless of whether it comes from or from out of the EU Member States.

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Poland & international regulatory

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.

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International trade disputes

International trade disputes

Our articles

We assist with:

Poland & European Union

Poland & international regulatory

Did you decide to open your company in Poland?

Do you represent a large corporation, mid-sized business or its your first business step here?

What else you might need?

Contact with us

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