For companies in Germany, elsewhere in the EU, the United Kingdom and beyond: we write to your debtor in Polish, choose the procedure that fits, in Poland, in Germany or under EU law, and apply for enforcement to the Polish court bailiff (komornik). A judgment from Germany or another EU Member State is enforceable in Poland without a declaration of enforceability. You know the cost of our work before you instruct us.
Dr. Artur Barczewski · Dr. Karolina Wróblewska · niedergelassene europäische Rechtsanwälte / Radcowie prawni · advice in English, German and Polish · Frankfurt (Oder), on the Polish border
Not every step is needed in every case. The order depends on the amount, the documents and how your debtor responds.
Contract or order confirmation, terms and conditions, invoices, proof of delivery or performance and correspondence. We establish which law governs the contract, whether a jurisdiction clause was agreed and whether the claim is at risk of becoming time-barred. We tell you the cost of our work before you instruct us.
In the National Court Register (Krajowy Rejestr Sądowy, KRS) and the register of sole traders (CEIDG) we establish the exact company name with Polish characters, legal form, address, representation, KRS number and tax number (NIP). In the National Register of Debtors (Krajowy Rejestr Zadłużonych, KRZ) we see whether insolvency or restructuring proceedings are pending against the debtor or whether enforcement against it was discontinued because the proceeds would not exceed the costs (Art. 2(1) nos. 1 and 3 of the Polish Act on the KRZ).
A letter from our firm in Polish, with a statement of the claim, interest, a payment deadline and notice of the next steps. If the debtor offers instalments, we record the arrangement in writing together with an acknowledgment of the claim. Where Polish law applies, such an acknowledgment interrupts the limitation period (Art. 123 § 1 no. 2 of the Polish Civil Code, KC).
If the debtor does not pay, you need an enforceable title, such as a judgment or a payment order. If the debtor does not dispute the claim, a payment order procedure may be an option, otherwise a court action. The overview below shows which route fits.
With the title we apply to the Polish court bailiff (komornik sądowy) for enforcement. The application allows all permissible methods of enforcement, such as attachment of bank accounts, receivables and movable property. Enforcement against real property requires a separate application (Art. 799 § 1 of the Polish Code of Civil Procedure, KPC).
If insolvency proceedings are opened in Poland, known creditors from other EU Member States are informed (Art. 54(1) and Art. 2(12) of the European Insolvency Regulation, (EU) 2015/848). They may lodge their claim in any official language of the EU institutions, and a translation into Polish may be required (Art. 55(5)). The time limit for lodging claims is set by Polish law, and for these creditors it is at least 30 days after the opening is published in the insolvency register (Art. 55(6)). We lodge the claim and follow the proceedings. For creditors from outside the EU we check the requirements individually.
Where you can bring proceedings depends first on international jurisdiction, and for the EU procedures also on where the parties are based. After that, the amount, the evidence and whether the debtor disputes the claim decide.
For pecuniary claims for a specific amount that have fallen due, in cross-border civil and commercial matters (Art. 2(1) and Art. 4 of Regulation (EC) No 1896/2006). A case is cross-border if at least one party is domiciled or habitually resident in a Member State other than that of the court seised (Art. 3(1)). The application is made on standard form A (Art. 7(1)). Jurisdiction follows the Brussels Ia Regulation, (EU) No 1215/2012 (Art. 6(1) of Regulation 1896/2006, Art. 80 Brussels Ia). In Germany the Amtsgericht Wedding in Berlin has exclusive jurisdiction (sec. 1087 ZPO). The debtor may lodge a statement of opposition within 30 days of service (Art. 16(2)). Whether the proceedings then continue as ordinary proceedings is up to you in the application (Art. 17(1)). Without opposition the order is declared enforceable and is enforced in Poland without a declaration of enforceability and without any possibility of opposing its recognition (Art. 18(1), Art. 19).
Suitable if the claim is undisputed, the case is cross-border in this sense and a court in Germany or Poland has jurisdiction under Brussels Ia.
For cross-border claims up to EUR 5,000, excluding all interest, expenses and disbursements (Art. 2(1) of Regulation (EC) No 861/2007, cross-border as defined above, Art. 3(1)). The procedure is a written procedure (Art. 5(1)). A judgment given in another Member State is recognised and enforced in Poland without a declaration of enforceability (Art. 20(1)).
Suitable if the amount is small and the debtor has announced objections.
The courts at the debtor’s seat in Poland have jurisdiction unless an exclusive jurisdiction agreement provides otherwise (Art. 4(1), Art. 25(1) and Art. 63(1) Brussels Ia). Polish is the official language before the courts (Art. 5 § 1 of the Polish Act on the System of Common Courts, Prawo o ustroju sądów powszechnych). For monetary claims from commercial transactions within the meaning of the Polish Late Payments Act, the court issues an order for payment (nakaz zapłaty) in summary proceedings if the contract, proof of your own delivery or service and proof that the invoice was delivered to the debtor are attached (Art. 485 § 2¹ KPC). As radcowie prawni we represent you before Polish courts (Art. 87 § 1 KPC).
Suitable if no court outside Poland has jurisdiction, Polish law was agreed or the evidence is in Poland.
Where German courts have jurisdiction, the German court payment procedure is also available if the Mahnbescheid has to be served in another EU Member State such as Poland, and the claim may then also be for a specific sum in a foreign currency (sec. 688 (3) ZPO, sec. 32 (1) AVAG). The competent court is the Amtsgericht that would have jurisdiction over a court action (sec. 703d (2) ZPO). A German court must therefore have international jurisdiction. If that jurisdiction is based on a jurisdiction agreement, the documents on the agreement must be attached (sec. 32 (2) AVAG). The debtor has one month to object (sec. 32 (3) AVAG).
Suitable if the claim is undisputed and a German court has jurisdiction, for example under a jurisdiction clause or because Germany is the place of delivery or performance under the contract.
A German court has international jurisdiction if the contractual place of performance is in Germany. For the sale of goods this is the place where, under the contract, the goods were delivered or should have been delivered, and for services the place where they were provided or should have been provided (Art. 7 no. 1 Brussels Ia). A German court that was validly agreed also has jurisdiction (Art. 25(1) Brussels Ia). The judgment is enforceable in Poland without a declaration of enforceability (Art. 39 Brussels Ia).
Suitable if the debtor disputes the claim and a German court has jurisdiction.
For creditors based outside the EU, for example in the United Kingdom or the United States, the routes to an enforceable title and to its enforcement in Poland differ from those described above, and we check them individually. The Polish side of the case stays the same: the demand letter in Polish, the check of the debtor in the Polish registers and, once there is a title enforceable in Poland, enforcement through a komornik (Art. 758 and Art. 759 § 1 KPC).
Suitable if your company is not based in an EU Member State.
A governing-law clause does not by itself give the courts of that country jurisdiction, and a jurisdiction clause does not determine the governing law. We check both first, often against the terms and conditions of both parties. This decides where you can sue and which limitation period applies.
Court decisions from Germany or another EU Member State, whatever they are called, are enforceable in Poland without any declaration of enforceability if they are enforceable where they were given and the proceedings were instituted on or after 10 January 2015 (Art. 2(a), Art. 39 and Art. 66(1) Brussels Ia). In Poland they are enforcement titles in themselves, and no Polish enforcement clause is needed (tytuł wykonawczy, Art. 1153¹⁴ no. 1 KPC).
The court of origin issues the certificate on the form in Annex I at the request of any interested party (Art. 53 Brussels Ia). In Germany the court that issues the enforceable copy of the title is responsible, and the certificate is issued as a rule without hearing the debtor (secs. 1110, 1111 (1) ZPO). It confirms that the judgment is enforceable and contains an extract of the judgment and, where appropriate, information on costs and interest (Art. 42(1)(b) Brussels Ia).
The application for enforcement is accompanied by a copy of the judgment and the certificate (Art. 42(1) Brussels Ia, Art. 797 § 1 KPC). As a rule the creditor may choose a komornik within the district of the court of appeal in which the locally competent komornik has its office, except for enforcement against real property (Art. 10(1) of the Polish Act on Court Bailiffs).
The komornik may require a translation of the certificate, and a translation of the judgment only if it cannot proceed without one (Art. 42(3) and (4) Brussels Ia). Any translation must be made by a person qualified to do translations in one of the Member States, for example a translator sworn in Germany (Art. 57(3) Brussels Ia).
Together with the notice that enforcement has commenced, the komornik serves the certificate on the debtor (Art. 43(1) Brussels Ia, Art. 1153¹⁷ § 1 KPC). If the debtor requests a translation of the judgment, only protective measures are permitted until it has been served (Art. 43(2) Brussels Ia, Art. 1153¹⁷ § 2 KPC). This does not apply if the judgment was already served on the debtor in Polish or with a Polish translation.
If the creditor does not identify any assets, the komornik establishes them of its own motion from other proceedings, registers and publicly available sources and calls on the debtor to submit a list of assets (Art. 801 § 1 KPC). If this does not lead to a result, the creditor may instruct the komornik to search for assets (Art. 801² KPC).
Polish banks and bailiffs identify the debtor by company name, address and registration numbers. If the title says “Lodz” instead of “Łódź”, the legal form “sp. z o.o.” is missing or an outdated company name is used, queries and delays may follow. We therefore check the details against the KRS before the application for a payment order or the statement of claim is filed, including the Polish characters ą, ć, ę, ł, ń, ó, ś, ź and ż.
The answer does not depend on where the debtor is based but on the law that governs the contract. That is why we check the contract and the terms and conditions first.
Limitation is governed by the law applicable to the contract (Art. 12(1)(d) of the Rome I Regulation, (EC) No 593/2008). The parties may choose that law (Art. 3(1) Rome I). Without a choice, a sale of goods is governed by the law of the country where the seller has its habitual residence and a contract for services by the law of the country where the service provider has its habitual residence, whether or not that is an EU Member State (Art. 4(1)(a) and (b), Art. 2 Rome I). If you sell goods or provide services to Poland from another country, this is as a rule the law of your own country, not Polish law.
The standard limitation period is three years. It begins at the end of the year in which the claim arose and the creditor became aware, or without gross negligence should have become aware, of the circumstances giving rise to the claim and of the identity of the debtor (secs. 195, 199 (1) BGB).
Where Polish law applies, claims become time-barred after six years, and claims connected with running a business after three years, unless a special provision applies. The period ends on the last day of the calendar year unless it is shorter than two years (Art. 118 KC). It begins when the claim falls due (Art. 120 § 1 KC) and cannot be shortened or extended by agreement (Art. 119 KC).
Any step before a court, another authority competent to hear or enforce claims of that kind or an arbitral tribunal, taken directly to pursue, establish, satisfy or secure the claim, and an acknowledgment of the claim by the debtor (Art. 123 § 1 KC). A mere demand for payment is not enough. After the interruption the period starts again, and after a step in proceedings only once those proceedings have ended (Art. 124 KC).
Then its own limitation rules govern the claim (Art. 12(1)(d) Rome I). We point this out at the start, so that the period can be checked under that law in good time.
Under both German and Polish law many periods expire at the end of a calendar year. Polish law also provides shorter special periods for certain types of contract. Tell us about older claims early, so that there is still time for a step that interrupts or suspends limitation.
The costs depend on the amount, the procedure chosen and the translation work involved. You know them before you decide.
After the first review we tell you the cost of our work for the next step, under the German statutory fee scale (RVG) or as an agreed fee. Court fees, translations and the fees of the komornik are added to this. We tell you their order of magnitude in advance.
In German proceedings the losing party bears the necessary costs of the other side (sec. 91 (1) ZPO), and the same applies in Polish proceedings (Art. 98 § 1 KPC). Whether these costs can actually be recovered from the debtor depends on its assets.
If German law applies, default interest on payment claims between businesses is nine percentage points above the base rate, plus a flat fee of EUR 40 (sec. 288 (2) and (5) BGB). If Polish law applies, the Polish Late Payments Act provides in commercial transactions for compensation for recovery costs equivalent to EUR 40 for claims up to PLN 5,000, EUR 70 for claims above PLN 5,000 and below PLN 50,000 and EUR 100 from PLN 50,000 (Art. 10(1) of the Act on Counteracting Excessive Delays in Commercial Transactions).
We check in the KRZ whether enforcement proceedings against the debtor were discontinued for lack of proceeds or whether insolvency proceedings are pending. This does not replace a credit report, but it shows early on whether the next step makes economic sense.
The firm is located directly on the Polish border. In Poland we are registered as radcowie prawni with the Okręgowa Izba Radców Prawnych in Poznań, and in Germany we are admitted by the Rechtsanwaltskammer des Landes Brandenburg as niedergelassene europäische Rechtsanwälte. This entitles us to practise in Germany under our Polish professional title (sec. 2 (1) EuRAG) and to act as authorised representatives before Polish courts (Art. 87 § 1 KPC). We advise you in English, German or Polish.
Handles debt collection and cross-border German-Polish disputes. Doctorate at the European University Viadrina, LL.M. “German and Polish Law”, Radca prawny with the OIRP Poznań (no. PZ-5210).
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Advises companies on corporate and contract law, negotiates and reviews commercial contracts and supports companies operating across borders. Doctorate at the European University Viadrina, LL.M. “German and Polish Law”, Radca prawny with the OIRP Poznań (no. PZ-4692).
View profile →Not necessarily. The courts at the debtor’s seat in Poland have jurisdiction unless an exclusive jurisdiction agreement provides otherwise (Art. 4(1), Art. 25(1) Brussels Ia Regulation). A court in another EU Member State may also have jurisdiction, for example where under the contract the goods were to be delivered or the services provided in that state (Art. 7 no. 1(b) Brussels Ia) or where its courts were agreed. A judgment from another Member State is enforceable in Poland without a declaration of enforceability (Art. 39 Brussels Ia). For creditors from outside the EU, for example from the United Kingdom, the routes differ and we check them individually.
Yes, if it is enforceable in the Member State where it was given and the proceedings were instituted on or after 10 January 2015 (Art. 39, Art. 66(1) Brussels Ia). The Regulation covers any decision of a court of a Member State, whatever it is called, and its German language version expressly names the Vollstreckungsbescheid (Art. 2(a)). For enforcement you need a copy of the judgment and the certificate under Art. 53 issued by the court of origin (Art. 42(1) Brussels Ia, in Germany sec. 1110 ZPO).
Polish is the official language before Polish courts (Art. 5 § 1 of the Act on the System of Common Courts). To enforce a judgment from another Member State, the komornik may require a translation of the certificate, and a translation of the judgment only if it cannot proceed without one (Art. 42(3) and (4) Brussels Ia). The debtor may request a translation of the judgment, and until it is provided only protective measures are permitted (Art. 43(2) Brussels Ia). We clarify which translations are needed before the application is filed.
Before proceedings we check the public registers KRS, CEIDG and KRZ. In enforcement proceedings the komornik establishes assets of its own motion from registers and publicly available sources if the creditor does not identify any, and calls on the debtor to submit a list of assets (Art. 801 § 1 of the Polish Code of Civil Procedure, KPC). If this does not lead to a result, the creditor may instruct the komornik to search for assets (Art. 801² KPC).
Then we lodge your claim in the Polish insolvency proceedings. Known creditors from other EU Member States are informed of the opening (Art. 54(1), Art. 2(12) Regulation (EU) 2015/848). The time limit for lodging claims is set by Polish law, and for these creditors it is at least 30 days after the opening is published in the insolvency register (Art. 55(6) Regulation (EU) 2015/848). For creditors from outside the EU we check the requirements individually. Whether proceedings are pending, we see in the Krajowy Rejestr Zadłużonych.
That depends on the law governing the contract (Art. 12(1)(d) Rome I Regulation). Without a choice of law, sales and service contracts are as a rule governed by the law of the country of the seller or service provider (Art. 4(1)(a) and (b) Rome I). If German law applies, the period is three years from the end of the year (secs. 195, 199 (1) BGB). If Polish law applies, it is six years, and three years for claims connected with running a business, in each case ending on the last day of the calendar year, unless a special provision applies (Art. 118 of the Polish Civil Code, KC). If the law of another country applies, its own rules govern.
In court proceedings the losing party bears the necessary costs of the other side, in Germany under sec. 91 (1) ZPO and in Poland under Art. 98 § 1 KPC. Whether they can actually be recovered from the debtor depends on its assets. We tell you the cost of our work before you instruct us.
Yes. The Polish side of the case is the same for you: the demand letter in Polish, the check of the debtor in the Polish registers and enforcement through a komornik once there is a title that is enforceable in Poland. The routes to such a title differ from those described on this page for companies from EU Member States, and we check them individually.
Yes. As niedergelassene europäische Rechtsanwälte / Radcowie prawni we are admitted by the Rechtsanwaltskammer des Landes Brandenburg and may advise and represent clients in Germany under our Polish professional title (sec. 2 (1) EuRAG). As radcowie prawni we act as authorised representatives before Polish courts (Art. 87 § 1 KPC). We speak with you in English, German or Polish, and with the debtor, the court and the komornik in Polish.
Briefly state the debtor, the amount, the due date and what has happened so far. Files cannot be uploaded through the form. We ask for invoices, the contract and correspondence in our first reply. You know the cost of our work before you instruct us.
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