Challenged by the international enforcement case, French clerks and Polish bailiffs often hide behind their purely internal habits and experiences. Though, the enforcement of an EU Member State’s judgment in Poland requires a certain open-mindedness to another legal system than the one usually practiced.
When it comes to the international enforcement, since certain provisions of Member State in which an enforceable title was given have no equivalent in the law governing the recovery of a claim, it is crucial to anticipate the interpretation of a judgment that can be made by a foreign bailiff. Hence the importance of the certificate concerning a judgement in civil and commercial matters established pursuant to Article 53 of the Brussels I bis Regulation.
This certificate, issued by the clerical office of the court that gave the enforceable title, enables the bailiff in charge of the recovery to identify the essential elements of the judgement and the amount to be paid (in principle, interest, costs, etc.). Thus, it is in the creditor’s interest to make sure that this certificate is properly completed.
Our experience shows that Polish bailiffs tend to analyse foreign judgments through the prism of their national law in order to determine whether the decision is enforceable or not. A global framework of the international enforcement procedure is therefore essential for a successful debt recovery.