Case number and/or case name
I ACz 1589/12 (SA w Poznaniu)
Details of the court
Poland, Second Instance
Articles referred to by the court
Date of the judgement
26 September 2012
CJEU's case law cited by the court
Summary
The court of first instance found that it had no jurisdiction in this case because the defendant was domiciled in Germany. The applicants appealed against the first-instance judgement and argued that the Polish court had jurisdiction under Art. 22 point 1 of the Brussels I Regulation; an exclusive jurisdiction in proceedings which have as their object rights in rem in immovable property or tenancies of immovable property. The applicants emphasised that Art. 22 should have been applied because the sale of real estate was – under the agreement – a necessary condition for the payment. The appellate court disagreed with the above arguments and stated that Art. 22 point 1 of the Brussels I Regulation covers only rights in rem and tenancies and therefore cannot be applied and the condition consisting on the sale of the immovable property does not fall within the scope of this provision.