POLAND Law and Practice Contributed by: Jaroslaw Kruk and Joanna Bogdanska, KW Kruk and Partners Law Firm
assistance treaties, EU legal frameworks (eg, the European Arrest Warrant) and Interpol red notices. Extraterritorial Reach of Polish Courts Polish courts may exercise extraterritorial juris - diction in civil fraud matters where there is a strong Polish nexus. This includes economic loss suffered in Poland or where key evidence or victims are located in Poland. However, courts are cautious in doing so and will examine wheth - er Poland is the proper forum. 4.2 Service of Proceedings out of the Jurisdiction Standard Procedure for Foreign Service Service of documents in civil and commer - cial matters on parties located outside Poland depends on the destination country, as follows: • within the EU, service is governed by the EU Service Regulation (2020/1784), enabling transmission through designated authorities; • for non-EU states, Poland relies on the Hague Service Convention or relevant bilateral trea - ties; and • if no treaty exists, service is conducted via diplomatic channels, which may be signifi - cantly slower. In criminal cases, international service follows: • the 1959 European Convention on Mutual Assistance in Criminal Matters and its addi - tional Protocols; • bilateral treaties on legal assistance in crimi - nal matters; and • diplomatic channels via the Ministry of Jus - tice and Ministry of Foreign Affairs. EU Regulation 2020/1784 does not apply to criminal matters in the EU, but certain proce -
dural acts can be executed under the European Investigation Order (EIO). Alternative and Expedited Options To speed up service, courts may authorise: • service by electronic means, where accepted by the foreign state; • service through foreign counsel or process servers; or • 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 basic method of law enforcement in Poland is judicial enforcement, carried out with the participation of a court bailiff. To commence enforcement proceedings, 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 execu - tion. The initiation of enforcement proceedings requires the submission of an appropriate appli - cation to the competent bailiff. Execution Methods Enforcement over the following is most com - mon: • bank accounts; • movable property; • remuneration for work; 5. Enforcement 5.1 Methods of Enforcement Enforcement Proceedings
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