Case number and/or case name
V ACz 223/12 (SA w Katowicach)
Details of the court
Poland, Second Instance
Articles referred to by the court
Date of the judgement
01 January 2013
CJEU's case law cited by the court
Summary
The court stated that if the party claims that Art. 34 point 1 of the Brussels I Regulation shall be applied, the burden of proof rests on the party which invokes the public policy clause, to show that enforcement is manifestly contrary to public policy. Notwithstanding the foregoing, the court found that it is possible to declare only part of the judgment enforceable. i.e. the decision on the costs of the proceedings. If the decision on the costs of the proceedings was issued separately from the judgment, Art. 34 point 1 of the Brussels I Regulation is applicable only if declaration of enforceability of the main judgment is contrary to the public policy.