Case number and/or case name
II CSK 260/06 (Sąd Najwyższy)
Details of the court
Poland, Third Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1
SubParagraph a
Date of the judgement
04 April 2007
CJEU's case law cited by the court
Summary
The court of second instance stated that – if jurisdiction is established by virtue of Art. 5 point 1(a) of the Brussels I Regulation – the term ‘the place of performance of the obligation in question’ should be interpreted autonomously, irrespective of the law applicable. The plaintiff lodged a cassation appeal against the second-instance judgement and stated that Art. 5 point 1(a) had been violated. The Polish Supreme Court agreed with the plaintiff and pointed out that the term ‘the place of performance of the obligation in question’ can be interpreted autonomously only if Art. 5 point 1(b) is applied. In the cases when the jurisdiction is established on the basis of Art. 5 point 1(a) of the Brussels I Regulation, the place of performance of the obligation shall be interpreted according to the applicable law.