PIL instrument(s)
Brussels I
Case number and/or case name
III CSK 255/09 (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
Article 23
Paragraph 1 SubParagraph c
Date of the judgement
28 June 2010
Appeal history
None
CJEU's case law cited by the court
Summary
The Polish Supreme Court stated that the provisions of the Brussels I Regulation do not define the term of the ‘place where good shall be delivered’. Consequently, it stated that this term shall be interpreted autonomously, so it is impossible to interpret it in the light of the national provisions of international private law or in the light of national material law. The Polish Supreme Court stated that in the first instance the courts shall verify whether the term of the ‘place where the goods shall be delivered’ had been defined in the contract. If not, this term shall be interpreted autonomously, independently from the content of the national substantive law. It stated that according to the judgment of the Court (11 March 2010, Third Chamber, case C-19/09), the place of the main provision of services must be deduced, insofar as possible, from the provisions of the contract itself.

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