POLAND Law and Practice Contributed by: Rafał Waszkiewicz and Bartosz Pyzder, Sołtysiński Kawecki & Szlęzak
9.4 Enforcement Mechanisms of a Domestic Judgment Pursuing enforcement based on a judgment requires an application and an enforceabil- ity clause. This is granted within a few days in closed session. Judgments are enforced by bail- iffs who are state officers. 9.5 Enforcement of a Judgment From a Foreign Country Judgments rendered in the EU are recognised automatically without the need for any proceed- ings. In case of judgments rendered outside the EU, the extension of their effectiveness to Poland is provided by its recognition or declaration of enforceability. In both cases, it is necessary to apply for an enforceability clause to carry out enforcement proceedings. 10. Appeal 10.1 Levels of Appeal or Review to a Litigation Judgments of the court of first instance may be appealed. Other decisions of the court of first instance may be challenged with a complaint in cases specified by law. The complaint is heard by the court of first or second instance, depend- ing on the matter of challenged decision. Poland has a full appeals system; this means that the court of second instance decides the case, it does not only review the first instance verdict. A final decision may be appealed in a cassation appeal to the Supreme Court in cases specified by law.
10.2 Rules Concerning Appeals of Judgments Two-instance proceedings is a constitutional principle. Therefore, judgments of the courts of first instance may be appealed without any addi- tional authorisation. There are only statutory requirements to be met, namely: • a party must request that the court prepares the written justification of the judgment – a request must be filed within one week of issu- ance of the judgment; • the appeal must be filed within the statutory deadline, ie, two weeks counting from the date of service of the judgment with the writ- ten justification (in some complex cases, the deadline is three weeks); and • the party must pay the court fee. An appeal is a formal pleading that must meet statutory requirements as to content. It is heard by the court of second instance. Procedural decisions can be challenged with a complaint in cases specified by law. The require- ments that must be met to file a complaint are as follows. • In most cases, a party must request that the court prepares the written justification of the decision. • The complaint must be filed within one week counting from the date of service of the deci- sion with the written justification. • The party must pay the court fee, which is less than the court fee for an appeal. Whether a complaint is heard by the court of second instance or by another judge in the court
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