POLAND Law and Practice Contributed by: Jaroslaw Kruk, Joanna Bogdanska and Urszula Brzozowska, KW Kruk and Partners Law Firm
5.2 Enforcement of Foreign Judgments Recognition and Declaration of Enforceability of a Judgment The process for enforcing a foreign judgment in Poland depends primarily on the state of origin of the judgment and on whether an applicable EU instru - ment or international treaty governs recognition and enforcement. For judgments issued in EU member states, enforcement is generally governed by the Brussels I bis Regulation. Such judgments are recog - nised in Poland without separate proceedings and, for enforcement purposes, no exequatur is required. In practice, the creditor will usually need to present a copy of the judgment together with the relevant cer - tificate issued under the Regulation and, where neces - sary, a certified Polish translation. Enforcement is then carried out through the ordinary Polish enforcement system. For judgments issued in non-EU states, the position is more formal. If an applicable international convention or bilateral treaty exists, that instrument will govern the process. If no such instrument applies, the matter is governed by the Polish Code of Civil Procedure. As a rule, a third-country judgment that is to be enforced in Poland must first be recognised or declared enforce - able in Poland, depending on the relief sought. Once the judgment produces the required effect in Poland and the necessary enforcement formalities are com - pleted, enforcement may proceed against assets located in Poland. 6. Privileges 6.1 Invoking the Privilege Against Self- Incrimination Right to Silence and Refusal to Disclose Information Under Polish law, the constitutional guarantee most closely linked to protection against self-incrimination is the right of defence in criminal proceedings. A defendant in civil or criminal proceedings may invoke the constitutional right not to self-incriminate (Article 42 (2) of the Constitution of Poland). This means a party cannot be compelled to provide information or documents that could expose them to criminal liability.
• publication or substitute service, in rare cases where the defendant cannot be located despite diligent efforts being made to do so. Polish law also permits preliminary permission from the court to serve abroad, provided the claim is well grounded and contains sufficient details to identify the defendant’s location. The court will then proceed under the applicable EU instrument, international con - vention, treaty or domestic procedural rules.
5. Enforcement 5.1 Methods of Enforcement Enforcement Proceedings
The basic method of law enforcement in Poland is judicial enforcement, carried out with the participation of a court bailiff. To commence enforcement proceed - ings, it is necessary to have an enforceable title, which is most often a court judgment with an enforcement clause or a notarial deed of voluntary submission to execution. The initiation of enforcement proceedings requires the submission of an appropriate application to the competent bailiff. Execution Methods Enforcement most commonly concerns the following categories of assets or rights: • bank accounts; • movable property; • remuneration for work; • retirement or disability benefits; • immovable property; • other property rights of the debtor (ie, copyright); and • maritime assets such as seagoing vessels. Administrative Enforcement This type of enforcement is used in particular to enforce taxes, fines imposed by administrative author - ities or social security contributions.
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