Summary
In this case the Polish court found that it has jurisdiction pursuant to Art. 5 point 3 of the Brussels I Regulation, according to which in matters relating to tort, delict or quasi-delict, a person may be sued in the courts for the place where the harmful event occurred or may occur. The defendant appealed against the first-instance judgment and stated that the Polish court had jurisdiction under Art. 5 point 3 of the Brussels I Regulation, because, in the defendant’s opinion, there was no delict. The court of second instance upheld the first-instance judgment and emphasised that, according to the arguments of the defendant, the court of first instance should be obliged to decide whether the claim is justified at the initial stage of proceedings, while establishing its jurisdiction.