Summary
In this case, the German defendant was a member of the Management Board of the company domiciled in Poland. Subsequently, the company became insolvent and the Polish creditor sued the defendant for payment. The defendant lodged a cassation appeal and stated that the Polish courts had no jurisdiction under Art. 5 point 3 of the Brussels I Regulation. The Polish Supreme Court disagreed with the defendant and held that the terms used by the EU legislator in Art. 5 point 3 of the Brussels I Regulation: ‘tort’, ‘delict’ and ‘quasi-delict’, shall be interpreted autonomously and independently of the national provisions. The Polish Supreme Court found that Art. 5 point 3 of the Brussels I Regulation also covers the responsibility of members of the Management Board of the company when the company became insolvent. Notwithstanding the foregoing, the Polish Supreme Court emphasised that, in the case where there are several claims to court that found its jurisdiction under Art. 5 point 3 of Brussels I Regulation, the court can only rule on claims arising from tort, delict or quasi-delict and has no jurisdiction in the cases concerning the matters relating to the contract according to Art. 5 point 1 of the Brussels I Regulation.