Overview (Summary)
This article provides a comprehensive analysis of the enforcement of monetary claims by German citizens, entrepreneurs, and companies in Poland. It examines the legal framework, including EU regulations such as the Brussels Ia Regulation and the Regulation on the European Enforcement Order, as well as Polish regulations such as the Code of Civil Procedure (KPC). The text covers procedures, documentation requirements, costs, risks, the electronic dunning procedure (EPU), and notarial enforcement orders. Practical examples and tips illustrate the application of the regulations. A FAQ section answers frequently asked questions, while a section on alternatives such as mediation or installment payments presents additional options. The article references reliable sources such as EUR-Lex, ISAP, and e-Sąd to provide German creditors with clear guidance.
Legal basis of enforcement in Poland
The enforcement of monetary claims by German creditors in Poland is based on an interplay of European and Polish law. The central legal basis is Regulation (EU) No. 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Ia Regulation). According to Articles 36 et seq. of this Regulation, judgments from EU Member States are automatically recognized in Poland without the need for a separate recognition procedure (exequatur). This arrangement facilitates the enforcement of monetary claims for German citizens, entrepreneurs, and companies. Regulation (EC) No. 805/2004 on the European Enforcement Order for uncontested claims allows for direct enforcement without additional examination. For cross-border payment order procedures, Regulation (EC) No. 1896/2006 on the European Payment Order Procedure offers an efficient alternative.
At the Polish level, the Code of Civil Procedure (Kodeks postępowania cywilnego, KPC) governs the details of enforcement proceedings. Article 1150 KPC confirms that foreign judgments are enforceable if they comply with the requirements of EU law or international agreements. Article 758 KPC establishes the jurisdiction of the bailiff (komornik), while Article 770 KPC regulates the debtor's liability for costs if enforcement is successful. The electronic dunning procedure (Elektroniczne Postępowanie Upominawcze, EPU), regulated by Articles 505 et seq. KPC, offers a fast option for smaller claims up to PLN 100,000. Notarial deeds of execution (enforceable instruments) from Germany can also be enforced, provided they meet the requirements of the Brussels Ia Regulation.
A practical example involves a German entrepreneur who obtained a judgment against a Polish business partner for a claim of EUR 30,000. After submitting the judgment and the certificate pursuant to Article 53 of the Brussels Ia Regulation to the Polish court, enforcement proceedings without exequatur were initiated.
💡 Tip for creditors : Hire a Polish lawyer with access to the KRS and land registry to efficiently identify the debtor's assets.
Procedures for recognition and enforcement in Poland
Application for enforcement
To enforce a German judgment or a notarial deed in Poland, the creditor must file an application with a Polish district court (sąd rejonowy) that has jurisdiction over the debtor's domicile or registered office. Pursuant to Article 39 of the Brussels Ia Regulation, no separate recognition procedure is required. The application must include the documents listed in Article 42: a certified copy of the judgment or enforceable instrument, the certificate pursuant to Article 53 confirming enforceability, and a certified translation into Polish by a sworn translator (tłumacz przysięgły). Article 1151 of the Polish Code of Civil Procedure (KPC) governs the formal examination of the application, without verifying the substantive validity of the title.
One example is a German limited liability company (GmbH) that obtained a payment order for EUR 50,000 against a Polish customer. After presentation of the judgment and the certificate pursuant to Regulation (EC) No 805/2004, enforcement proceedings were initiated immediately.
🛠 Practical tip – Prepare your documents : To avoid delays, ensure all documents, including the certified translation, are complete. Use the directory of sworn translators maintained by the Polish Ministry of Justice.
Role of the Polish bailiff
After the declaration of enforceability, the bailiff assumes responsibility for enforcing the monetary claims. According to Article 758 of the Polish Code of Civil Procedure, the bailiff carries out measures such as garnishing bank accounts, wages, or seizing assets. The creditor must provide accurate information about the debtor to facilitate enforcement.
One case study involves a German citizen who successfully enforced a claim for €15,000. After a bailiff was appointed, the debtor's bank account was seized, which enabled partial repayment.
🛠 Practical tip – finding bank accounts : Work with a Polish debt collection agency to identify the debtor's bank accounts via the OGNIVO system.
Costs and risks of enforcement
The costs of enforcement include court fees, bailiff's fees, and translation costs. According to Article 770 of the Polish Code of Civil Procedure (KPC), the debtor bears these costs if enforcement is successful. Court fees range from 50 to 300 PLN, depending on the amount in dispute. Bailiff's fees, regulated by the Law on Bailiffs and Enforcement (Ustawa o komornikach sądowych i egzekucji, Dz.U. z 2018 r. poz. 771), amount to 3-15% of the amount collected. Translations cost approximately 30-50 PLN per page.
One risk is the debtor's insolvency, which can render enforcement unsuccessful. Objections under Article 44 of the Brussels Ia Regulation can cause delays.
One example is a German company that successfully enforced a claim of €70,000. An objection from the debtor delayed the proceedings by three months but was ultimately rejected.
🛠 Practical tip – EPU only with a clear address : Only use the EPU if you know the debtor's exact address, as this facilitates delivery (e-Sąd).
Special rules for undisputed claims
Regulation (EC) No 805/2004 on the European Enforcement Order for uncontested claims allows for direct enforcement. The order is issued by a German court and can be presented to a Polish bailiff.
One example is a German supplier who delivered goods worth €20,000. After obtaining a European Enforcement Order, the claim was settled by garnishing the supplier's bank account.
European Payment Order Procedure and EPU
The European Payment Order procedure under Regulation (EC) No 1896/2006 is ideal for undisputed claims. The creditor applies for a European Payment Order, which is enforceable in Poland if no objection is filed. The Polish EPU, governed by Articles 505²¹ et seq. of the Polish Code of Civil Procedure, allows for the application of a payment order via the e-Sąd platform.
One example is a German entrepreneur who asserted a claim for €8,000. The European Payment Order was enforced without objection.
Alternative methods of enforcement
In some cases, a court settlement, payment plan, or mediation in Poland can be faster and less expensive than enforcement proceedings. Payment plans can be particularly advantageous when the debtor has limited assets. Mediation, regulated by Articles 1831 et seq. of the Polish Civil Code, offers a way to resolve disputes out of court, saving both time and money.
One example is a German company that asserted a claim for €40,000. After negotiations, the creditor and debtor agreed on an installment plan, thus avoiding enforcement costs.
💡 Tip for creditors : Consider mediation through a Polish mediation center to find a cost-effective solution (Polish Mediation Center).
Practical challenges and solutions
Identification of the debtor's assets
Identifying a debtor's assets is often a challenge. Polish lawyers or debt collection agencies with access to registers such as the Krajowy Rejestr Sądowy (KRS) or the land register can help.
One example is a German company that successfully collected a debt of €90,000. A Polish lawyer identified the debtor's real estate, which enabled an auction.
Linguistic and cultural barriers
Language differences can complicate communication. A certified translator and a Polish lawyer are essential.
One case study involves a German citizen who successfully enforced a claim for €6,000. After correcting faulty translations, enforcement proceedings could be initiated.
Tax aspects of enforcement
Auctions are subject to a tax of 1% according to the Law on Tax on Civil Law Acts (Ustawa o podatku od czynności cywilnopravnych, Dz.U. z 2023 r. poz. 170), which is usually borne by the debtor.
One example is a German company that successfully collected a claim of EUR 100,000. The debtor was charged a tax of PLN 1,000.
Frequently Asked Questions (FAQ)
Can I enforce a German notarized acknowledgment of debt in Poland?
Yes, a notarial enforcement order (enforceable instrument) from Germany can be enforced in Poland, provided it meets the requirements of the Brussels Ia Regulation and is presented with a certificate in accordance with Article 53. A certified translation into Polish is required.
What documents do I need for enforcement proceedings in Poland?
You will need a certified copy of the judgment or enforceable instrument, the certificate pursuant to Article 53 of the Brussels Ia Regulation, and a certified translation into Polish. Additional information about the debtor's assets will increase your chances of success.
How long does enforcement typically take in Poland?
The duration depends on the complexity of the case, but is usually 2-6 months. Delays can occur due to appeals or difficulties in identifying assets.
Who bears the costs of enforcement – the creditor or the debtor?
According to Article 770 of the Polish Code of Civil Procedure, the debtor bears the costs if enforcement is successful. If enforcement is unsuccessful, the creditor bears the costs, e.g., court and bailiff fees.
Conclusion and practical advice
Many enforcement risks can be mitigated as early as the contract phase. Our article, “ Doing Business in Poland 2025: The 7 Biggest Contractual Risks for German Companies in Contracts with Polish Partners ,”
Enforcement of monetary claims in Poland is efficient thanks to EU legal instruments such as the Brussels Ia Regulation, the European Enforcement Order, and the payment order procedure. Notarized enforcement orders and the Polish EPU (European Single Procurement) offer further options. German creditors should carefully prepare the documentation and engage Polish specialists. Alternatives such as mediation or payment in installments can save costs. Risks such as insolvency require strategic planning.
Should you have any questions regarding enforcement proceedings in Poland, you can contact us by email at kontakt@kancelaria-pozniak.pl or by phone at +48 665 246 969 .