According to art. 115314 point 5, enforcement titles in the Republic of Poland are: judgments in maintenance cases issued in the Member States of the European Union that are parties to the Hague Protocol of 23 November 2007 on the law applicable to maintenance obligations (OJ EU L 331 of 16.12.2009, p. 17) and settlements and official documents in maintenance cases originating from these countries, covered by the scope of application of Regulation No. 4/2009. According to the legal definitions contained in the Regulation, „judgment” means a judgment issued in matters concerning maintenance obligations by a court of a Member State, regardless of the name of such judgment, such as „judgment”, „order”, „order” or „enforcement order”. On the other hand, a „court settlement” means a settlement in matters concerning maintenance obligations approved by a court or concluded before a court in the course of proceedings. „Authoritative document” means a document in matters concerning maintenance obligations drawn up or officially registered as an official document in the Member State of origin, the authenticity of which: concerns the signature and content of the official document and has been established by a public authority or other authority authorised for this purpose.
It should be emphasised that in the case of a judgment originating from a Member State of the European Union, the „exequatur” principle, which requires a judgment declaring the enforceability of a judgment issued in another country, does not apply. This means that a judgment issued in one Member State is enforced in another Member State under the same conditions as a judgment issued in the Member State of enforcement. They apply „automatically”. The assessment of whether the act invoked by the creditor is an enforceable title within the meaning of Article 115314 is made by the enforcement authority (bailiff or court) and at the same time examining the justification of the application to initiate enforcement in the context of checking the existence of a basis for enforcement.
In the case of countries belonging to the European Union but not being parties to the Hague Protocol (Denmark), court judgments, settlements and official documents originating from these countries do not enjoy the benefit of automatic enforceability in other Member States and may constitute an enforceable title in Poland after their enforceability has been confirmed by means of an enforceability clause.