Summary
The Polish court declared the judgment given by a Lithuanian court enforceable in Poland. It found that the applicant company, National Lithuanian Forest Enterprise, had fulfilled its obligation under Art. 53 and 54 of the Brussels I Regulation. The defendant appealed against the first-instance judgment and 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 court of second instance stated that the capacity to be a party in court proceedings shall be evaluated in accordance with Lithuanian, not Polish law. In this view, the court of second instance confirmed the first-instance judgment.