PIL instrument(s)
Brussels I
Case number and/or case name
IV CSK 284/10 (Sąd Najwyższy)
Details of the court
Poland, Third Instance
Articles referred to by the court
Brussels I
Article 2
Paragraph 1
Article 3
Paragraph 1
Article 5
Paragraph 1 SubParagraph a
Article 22
Paragraph 2
Date of the judgement
25 January 2011
Appeal history
None
CJEU's case law cited by the court
None
Summary
The courts of first and second instance, in this case, both declined jurisdiction to hear a case concerning the suspension of shareholder’s voting rights. The plaintiff lodged a cassation appeal and stated that the Polish courts had jurisdiction by virtue of Art. 22 point 2 of the Brussels I Regulation. The Polish Supreme Court disagreed with these arguments and stated that according to Art. 22 point 2 of the Brussels I Regulation they apply only to the proceedings, which have as their object the validity of constitution, the nullity or dissolution of companies or legal persons or associations of natural or legal persons, or the validity of the decisions of their organs. The Polish Supreme Court found that Art. 22 point 2 of the Brussels I Regulation does not cover the plaintiff’s the plaintiff’s claim.

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