Summary
In this case, a Polish company concluded with a French company a contract for the supply of furniture. The goods did not conform to the contract so the Polish company sought a price reduction. The court of first instance established its jurisdiction by virtue of Art. 5 par. 1(a) of the Brussels I Regulation, according to which in matters relating to the contract a person may be sued in the courts of the country of performance of the obligation in question. According to the agreement, having regard to the provisions of the Vienna Convention, the place of performance of the obligation was in Poland. The defendant appealed against the first-instance judgment. However, the appellate court confirmed the first-instance judgment. The French company lodged a cassation appeal and stated that the Polish courts had no jurisdiction because the parties had concluded an agreement conferring jurisdiction to the French courts. The Polish Supreme Court pointed out that the parties had not agreed that the French courts are to have jurisdiction to settle the disputes which may arise in connection with the contract for the supply of furniture, because the jurisdiction of the French courts resulted from the general terms and conditions, which were drawn up in French and was not an integral part of the contract for the supply of furniture. The Polish Supreme Court cited a number of judgments of the CJEU on the validity of agreements conferring jurisdiction.