Summary
The court of first instance declared the German judgments enforceable in Poland. The defendant appealed against this declaration and argued that Art. 34 point 1 of the Brussels I Regulation should have been applied. The appellate court pointed out that in such a case, the applicant must prove that the declaration of enforceability is not manifestly contrary to public policy. The appellant lodged a cassation appeal against the second-instance judgment. However, the Polish Supreme Court disagreed with the above-mentioned judgment and pointed out that, as a general rule, the burden of proving a fact lies with the person who draws legal effects from that fact, that in general it is a person who claims that the judgement shall not be declared enforceable, not the applicant. The only exception to this general rule is provided for in Art. 34 point 2 of the Brussels I Regulation (the inversion of the burden of proof).