Summary
In 2002, a contract for the agreement of sale of goods was entered into buy two parties; the seller from Lithuania and the buyer from Poland. When the buyer failed to fulfil the obligation, the seller sued him for payment under the contract.
The Lithuanian court gave a judgement and obliged the buyer to pay. The seller has applied for a recognition of the Lithuanian judgment by the Polish court. The defendant, the buyer, argued that the judgment shall not be recognised because such recognition is manifestly contrary to Polish public policy. As under Polish law, the applicant has no capacity to be a party in court proceedings. The Polish court found that under Art. 34 point 1 of the Brussels I Regulation the judgment shall not be recognised if the recognition - not the judgment itself- is manifestly contrary to the public policy in the Member State. However, the judgment has been recognised.