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Decision granting an enforceability clauseit also lists the enforcement title and, if necessary, indicates the performance subject to enforcement and the scope of enforcement, and indicates whether the judgment is enforceable as final or immediately enforceable. Unless a specific provision provides otherwise, the court will attach an enforcement clause to an enforcement title for a payment in a foreign currency with an obligation on the bailiff to convert this amount into Polish currency at the average exchange rate of the foreign currency announced by the National Bank of Poland on the date of preparation of the division plan, and if the division plan is not prepared on the date of payment of the amount to the creditor.

The court may refuse to grant an enforcement clause if: in the light of the circumstances of the case, it is obvious philippines photo editor that the application is contrary to the law or aims to circumvent the law; the circumstances of the case and the content of the writ of execution show that the claim covered by the writ of execution is time barred, unless the creditor presents a document showing that the limitation period has been interrupted. IMPORTANT a final rejection of an application for an enforcement clause does not deprive the creditor of the right to bring an action to establish that the receivable covered by the enforcement title has not been time barred.



This does not apply to situations where the creditor has a more far reaching claim. Practical case law Decision of the Court of Appeal in Poznań st Civil Division of October , , ref. no. act I ACz / The procedure for granting an enforcement clause is a special procedure with a strictly defined scope of jurisdiction. It is basically limited to examining the enforcement order in formal terms, based solely on procedural law.