Summary
The parties entered into a contract for the provision of services, when the defendant company breached the contract, he was sued by the Polish company, in a Polish court. The court of first instance stated that it had no jurisdiction under the provisions of the Brussels I Regulation because the defendant was domiciled in Germany (Art. 2 par. 1 does not apply) and because the performance of the obligation took place in Germany (Art. 5 par. 1(b) does not apply). The applicant appealed against the first-instance judgment and stated that the defendant is domiciled in Poland. She emphasised that the defendant (i) had a bank account in Poland and (ii) had his registered residence in Poland. The court of second instance pointed out that the defendant did not have his domicile in Poland because he lives and performs the medical profession in Germany. In view of the above, the court of second instance confirmed the first-instance judgment.