Case number and/or case name
IV CSK 589/2011 (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 September 2012
CJEU's case law cited by the court
Summary
The court of first instance stated that the defendant (Cypriot company, shareholder in Polish company) cannot exercise its voting rights on shares of the Polish public company. The appellate court agreed with the court of first instance and emphasised that Polish courts had jurisdiction under Article 5 point 1a of the Brussels I Regulation. It pointed out that the term ‘the place of performance of the obligation in question’ should be interpreted autonomously. The defendant lodged a cassation appeal against the second-instance judgement and stated that the Polish court had no jurisdiction because Art. 2 par. 1 of the Brussels I Regulation should have been applied. The Polish Supreme Court decided that Article 5 is an exception to the general rule laid down and Art. 2 par. 1 of the Brussels I Regulation and should be applied in this case. It stressed that Art. 5 point 1a of the Brussels I Regulation covers company agreements.