Summary
The court of the first instance declared the judgment enforceable issued in the Netherlands The debtor appealed against the decision of enforceability. He claimed that Article 34 point 2 of the Brussels I Regulation was violated. The appellate court pointed out that the Dutch court informed the debtor about the proceedings and, consequently, it was entitled to issue the judgment despite the fact that the debtor didn’t enter an appearance. The Polish Supreme Court stated that, according to Article 34 point 2 of the Brussels I Regulation, the defendant shall be served with the document which instituted the proceedings. Independently of this, it must be proved that the debtor was served with this document in sufficient time and with sufficient opportunity to enable him to arrange for his defence.