Case number and/or case name
III CSK 190/12 (Sąd Najwyższy)
Details of the court
Poland, Third Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Indent 1
Date of the judgement
07 March 2013
CJEU's case law cited by the court
Summary
The defendant claimed that the Polish court shall have no jurisdiction under Article 5 point 1 letter a first indent of the Brussels I Regulation. The court of the first instance found that the parties had concluded the specific work contract. The appellate court disagreed with this argumentation and pointed out that according to the judgment of the Court (25 February 2010, Fourth Chamber, case C-381/08) if the supplier is responsible for the quality of the goods and their compliance with the contract, those contracts must be classified as a ‘sale of goods’ within the meaning of the first indent of Article 5 point 1 letter b of the Brussels I Regulation. The Polish Supreme Court agreed with the argumentation presented by the appellate court.