I PZP 6/09
AI generated
Supreme Court ruled that enforcement orders must be served with reasons to the debtor under Lugano Convention rules.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland decided that a court order declaring foreign judgment enforceability must be served to the debtor with reasoning. The first-instance court served the order without justification, causing the debtor to miss the appeal deadline. The Court held that despite the public hearing, the debtor's lack of participation meant the order must be reasoned to ensure fair notice and procedural rights.
Legislator headnote
AI generatedArt. 357 § 2 k.p.c.; Art. 36 Lugano Convention: When a debtor does not participate in a public hearing regarding enforcement, the court order must be served with reasoning to ensure the debtor has adequate notice and opportunity to appeal.
Keywords
AI generated
enforcement order
Lugano Convention
service of process
court reasoning
procedural fairness
appeal deadline
civil procedure
Cited Legislation
AI generatedArt. 357 § 2 of the Code of Civil Procedure
Art. 13 § 2 of the Code of Civil Procedure
Art. 36 of the Lugano Convention
Regulation (EC) No 44/2001
art. 13 § 2 k.p.c
art. 390 § 1 k.p.c
art. 357 § 3 k.p.c
art. 390 § 2 k.p.c
art. 178 ust. 1 Konstytucji RP
art. 357 § 1 k.p.c