Summary
The court of the first instance declared the judgment issued in Germany enforceable. The court of the second instance agreed and stated that the provisions of the Brussels I Regulation shall apply on the basis of Article 66 par. 2a. The appellate court found that if the Lugano Convention entered into force in the European Union in 1992 and in Poland in 2000 and the proceedings in Germany were brought in 2002, the Brussels I Regulation shall apply because of the wording of Article 66 par. 2a. The Polish Supreme Court stated that, according to Article 66 par. 2a, the provisions of the Brussels I Regulation shall apply only if the judgement to be declared enforceable was issued after the date the Brussels I Regulation entered into force in the Member State of enforcement. The judgement in question was issued on 6 April 2004 – when the Brussels I Regulation, bound Poland, according to the court, the Brussels I Regulation shall not apply.