PIL instrument(s)
Brussels I
Case number and/or case name
I CSK 397/12 (Sąd Najwyższy)
Details of the court
Poland, Third Instance
Articles referred to by the court
Brussels I
Article 54
Article 58
Date of the judgement
19 December 2012
Appeal history
None
CJEU's case law cited by the court
None
Summary
The applicant filed an application for declaration of enforceability against one of two joint and several debtors. The Polish court declared the judgment enforceable and consequently, the debtor challenged this decision. The Polish Supreme Court stated that, as a general rule, if the judgment was issued against joint and several debtors, all debtors shall be sued in the proceedings concerning the declaration of enforceability. It pointed out, however, that if the application for declaration of enforceability concerns only the part of the judgment which does not refer to all debtors, it is possible to file an application for declaration of enforceability against one of them.

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