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FAQ

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Who can seek an injunction and when ?

Polish law allows the creditor to file with the court an application for an interim injunction and security of his claim against the assets of the debtor. An interim injunction issued by the court would prevent the debtor from stripping its assets.

Security may be demanded in any civil case before a common court or arbitral tribunal. The court may grant security prior to or during the course of legal proceedings. Generally, security may be demanded only before an enforcement title has been issued. After an enforcement title has been obtained, security can only be granted if its purpose is to secure a claim to a benefit, the final date for performance of which has not yet lapsed.

A party or participant in legal proceedings who substantiated a claim may demand security if it has a legal interest in securing its claim.

Substantiation is a legal term specific to Polish procedure. It means that specific provisions of law relating to evidence do not have to be observed. Therefore, a claim does not have to be proved at this stage, but only substantiated. Means of substantiation are much less formalised, e.g. a court may accept a declaration made by a party. There is also no need to present all documents evidencing the existence of a claim. Moreover, the court never hears witesses when only substantiation is required. In practice an application for security is usually filed together with the statement of claim and therefore contains all evidence sufficient to prove and not only substantiate a claim.

A legal interest exists if the absence of security would prevent or seriously hinder enforcement of a decision of the court or would otherwise prevent or seriously hinder the attainment of the objective of the proceedings.

When granting security prior to the initiation of proceedings in a case, the court sets a date by which a statement of claim should be filed upon sanction of a loss of the security. The period set by the court may not exceed two weeks.

An application for security should be addressed to the court with jurisdiction to consider the case in the first instance. An application filed during proceedings is reviewed by the court before which the proceedings are being conducted. The only exception concerns proceedings before the Supreme Court, where a court of first instance decides on such motion.

It should be also noted that a first instance judgment issued in commercial proceedings in a means of securing a claim.