Case number and/or case name
I ACz 833/07 (SA w Białymstoku)
Details of the court
Poland, Second Instance
Articles referred to by the court
Date of the judgement
18 December 2007
CJEU's case law cited by the court
Summary
A German company applied for a declaration of enforceability of a judgment issued by a German court in 2005. The court of first instance declared the judgment enforceable on 20 September 2007. The Polish defendant appealed against the first instance judgment. He claimed that the Polish court should have refused a declaration of enforceability on the grounds specified in Art. 34 point 2 of the Brussels I Regulation; arguing that he had only three weeks to prepare his defence. The court of second instance stated that Art. 34 point 2 was not applicable in this case, given that three weeks is sufficient time to arrange the defence.