Summary
The court of first instance declared the judgment issued by a German court enforceable. However, the court of second instance revoked the declaration of enforceability on the basis of Art. 35 point 2 of the Brussels I Regulation. This was because the plaintiff did not produce the evidence that the defendant had been served with the document which instituted the proceedings; the judgement was, therefore, given in default of appearance. The applicant lodged a cassation appeal. However, The Polish Supreme Court found that the cassation appeal was groundless according to Art. 66 par. 1 of the Brussels I Regulation. It stated that the proceeding in the Member State of origin, which in this case was Germany, had been instituted on 1 February 2000. The court also pointed out that in Poland the Brussels I Regulation entered into force on 1 May 2004. In this view, the Polish Supreme Court stated that the provisions of Lugano Convention should have been applied.