PIL instrument(s)
Brussels I
Case number and/or case name
II CSK 158/08 (Sąd Najwyższy)
Details of the court
Poland, Third Instance
Articles referred to by the court
Brussels I
Article 32
Article 43
Paragraph 3
Article 66
Paragraph 1
Paragraph 2 SubParagraph a
Paragraph 2 SubParagraph b
Date of the judgement
29 September 2008
Appeal history
None
CJEU's case law cited by the court
None
Summary
The case concerns the enforcement of the judgment issued in 2002 by a French court. The Polish court declared the judgement enforceable and found that the provisions of the Lugano Convention shall be applied. The appellate court confirmed the first-instance judgement. As a result, the defendant lodged a cassation appeal and pointed out that the courts should have applied the provisions of the Brussels I Regulation. The non-application of the Brussels I Regulation resulted in the fact that the appeal was not dealt with in accordance with the rules governing procedure in contradictory matters. The Polish Supreme Court stated that the provisions of the Brussels I Regulation should have been applied by virtue of Art. 66 par. 2 letter b of the Brussels I Regulation.

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