Case number and/or case name
I PZP 6/09 (Sąd Najwyższy)
Details of the court
Poland, Third Instance
Articles referred to by the court
Brussels I
Article 66
Paragraph 1
Paragraph 2
SubParagraph a
Paragraph 2
SubParagraph b
Date of the judgement
05 January 2010
CJEU's case law cited by the court
Summary
The court of first instance declared the judgement enforceable and the decision of enforceability, without reasons or justification was served on the debtor. As a result, the debtor appealed against the decision of enforceability. He lodged the appeal with the court of the first instance (according to Polish civil procedure) and not with the court indicated in the list in Annex III of the Brussels I Regulation. The appeal was transferred by the court of the first instance to the appellate court, but after the deadline specified in Article 43 par. 5 of the Brussels I Regulation. The appellate court asked the Polish Supreme Court if the declaration of enforceability shall be served with or without the reasons and instruction that the appeal is to be lodged with the court indicated in Annex III. The Polish Supreme Court stated that the provisions of the Brussels I Regulation shall not apply in this case because of the wording of Article 66 of the Brussels I Regulation. It stated that the provisions of the Lugano Convention should have been applied.