European enforcement order


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Recognising and enforcing judgements in civil and commercial matters - European enforcement order

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1. Procedures for rectification and withdrawal (Art. 10(2))

- Rectification procedure: rectification in line with Article 350 of the Code of Civil Procedure read in conjunction with Article 361 of the Code of Civil Procedure.

Article 350 § 1. The court may rectify ex officio any inaccuracies, clerical or calculation errors or other obvious errors in the judgment.

§ 2 The court may decide on the rectification in closed session; a note about the rectification shall be made on the original judgment, and, at the request of the parties, also on the extracts handed to the parties. All subsequent copies and extracts shall take into account the rectification decision.

§ 3 If the case is pending before a court of second instance, this court may also rectify a first‑instance judgment of its own motion.

Article 361. The provisions on judgments shall apply mutatis mutandis to decisions, unless otherwise provided by the Code of Civil Procedure.’

Article 13 § 2. The provisions on contentious proceedings shall apply mutatis mutandis to other types of proceedings regulated by the Code of Civil Procedure, unless specifically provided otherwise.

European Enforcement Order certificates are issued in the form of a judicial decision, in accordance with the procedure laid down in Article 7951 of the Code of Civil Procedure.

- Withdrawal procedure in line with Article 7954of the Code of Civil Procedure.

‘Article 7954§ 1. Should it transpire that there are grounds for withdrawing the European Enforcement Order certificate as per the separate provisions, the court which issued the certificate shall withdraw it at the debtor’s request.

§ 2 The request must be submitted within a month from the debtor’s receipt of the decision to issue the certificate.

§ 3 If the request is not drafted using the form specified in the separate provisions, it must meet the requirements of a written pleading and indicate the grounds for the request.

§ 4 Before withdrawing the decision, the court shall hear the creditor.

§ 5 Decisions on withdrawing a European Enforcement Order certificate are subject to appeal.’

Applications to withdraw a European Enforcement Order are subject to a fee of PLN 50.

2. Procedures for review (Art.19 (1))

Review procedure: extension of the time for appeal in line with Articles 168-172 of the Code of Civil Procedure.

Article 168 § 1. If the party has failed to take action within the deadline through no fault of its own, the court shall extend the deadline at the party’s request. This decision may be issued in closed session.

§ 2 Extension cannot be granted if failure to meet the deadline has no adverse procedural effects for the party.

Article 169 § 1. Applications for deadline extension must be submitted to the court before which the proceedings were to take place within a week after the reason for not meeting the deadline ceases to apply.

Article 169 § 2. The application must substantiate the circumstances justifying the application.

Article 169 § 3. The party must take action at the same time as it submits the application.

Article 169 § 4. If more than a year has passed since the deadline was not met, it may be extended only in exceptional cases.

Article 169 § 5. The decision on an application for deadline extension may be issued in closed session.

Article 172. Submitting an application for deadline extension does not result in suspension of the proceedings or of the enforcement of the decision. However, if appropriate, the court may suspend the proceedings or the enforcement of the decision. This decision may be issued in closed session. If the application is granted, the court may examine the case immediately.’

3. Accepted languages (Article 20(2)(c))

Languages accepted under Article 20(2)(c) of the Regulation: Polish.

4. Authorities designated for the purpose of certifying authentic instruments (Art. 25)

Authorities referred to in Article 25 of the Regulation: district courts (‘sądy rejonowe’); the competent court is the district court in whose jurisdiction the authentic instrument was drawn up.

Last update: 11/07/2019

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