I BP 23/08
AI generated
Supreme Court allows EC Enforcement Certificate request for judgments issued after the regulation's entry into force.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court overturned a lower court's dismissal of a request for an European Enforcement Title Certificate. The plaintiff sought the certificate for a payment order issued in March 2005, arguing that the debtor's assets were abroad and Polish enforcement was ineffective. The court ruled that the relevant EU regulation applies to judgments rendered after its entry into force, even though the certificate application itself occurred later.
Legislator headnote
AI generatedArt. 26; Art. 33 of the Regulation on the European Enforcement Title; Creditors may request an EC Enforcement Certificate for court judgments issued after the regulation's entry into force, provided the request is made after October 21, 2005.
Keywords
AI generated
European Enforcement Title
payment order validity
regulation entry into force
enforcement certificate request
cross-border debt recovery
judgment date criteria
Supreme Court review
Cited Legislation
AI generatedRegulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004
Art. 26 of the Regulation on the European Enforcement Title
Art. 33 of the Regulation on the European Enforcement Title
art. 4241 § 1 k.p.c
art. 4241 k.p.c
art. 4245 § 1 k.p.c