European Union Regulation no. 1896/2006 established European Order for Payment, which is a simplified measure of rapid debt recovery in European Union countries. In general a European Order for Payment issued in one of EU countries is recognised and enforced in the other EU countries without the need for a declaration of enforceability and without any possibility of opposing its recognition.
Unfortunately enforcement of European Order for Payment (EOP) in Poland is not as easy as it could seem from provisions of EU Regulation. Polish law poses additional requirement of obtaining Enforceability Clause. Without Polish Enforceability Clause issued by the Polish Court the Public Bailiff cannot enforce European Order for Payment.
As a result, foreign creditor in order to launch public enforcement of European Order for Payment (EOP) against its Polish debtor must gather: a foreign sentence, EOP and Polish Enforceability Clause (PEC). Such a set of document is obligatory to draft and submit successfully a motion to launch public enforcement to appropriate Polish Public Bailiff.
Barrister, Senior Partner
Barrister, Managing Partner