Case number and/or case name
II CSK 178/06 (Sąd Najwyższy)
Details of the court
Poland, Third Instance
Articles referred to by the court
Date of the judgement
15 November 2006
CJEU's case law cited by the court
Summary
The Polish applicant lodged an application for the declaratory judgment that the maintenance obligation has ceased. The court of first instance found that it had no jurisdiction under Art. 9 of the regulation on jurisdiction, and the recognition and enforcement of judgements in matrimonial matters and in matters of parental responsibility, for children of both spouses. The court of second instance stated that provisions of Brussels I Regulation should have been applied. Finding that according to Art. 5 point 2 of the Brussels I Regulation Spanish courts shall have jurisdiction because both the applicant and the defendant are domiciled in Spain. The fact that both parties are Polish citizens was meaningless. As a result, the applicant lodged a cassation appeal. However, The Polish Supreme Court agreed with the decision of the court of second instance.