Case number and/or case name
II CZ 103/06 (Sąd Najwyższy)
Details of the court
Poland, Third Instance
Articles referred to by the court
Date of the judgement
11 December 2006
CJEU's case law cited by the court
Summary
The Polish Supreme Court stated that if the provisions of the Brussels I Regulation do not regulate the procedure of the delivery of the judgment declaring enforceability, the national provision shall be applied. It follows that the court shall deliver the judgment together with the reasons which were given ex-officio. Notwithstanding the foregoing, the Polish Supreme Court emphasised that under Art. 43 par. 2 of the Brussels I Regulation the appeal is to be lodged with the court indicted in Annex III of Brussels I Regulation. According to the provisions of the Polish Code of Civil Procedure, the court delivering the judgment shall indicate which court has jurisdiction to hear an appeal.