Summary
Polish courts of all instances agreed that they had no jurisdiction in the case. The Polish Supreme Court highlighted that according to Article 71 of the Brussels I Regulation, the Regulation shall not affect any convention to which the Member States are parties and which in relation to particular matters govern jurisdiction or the recognition or enforcement of judgments. What is more, the court shall have jurisdiction in accordance with that convention, even where the defendant is domiciled in another Member State. Consequently, the Polish Supreme Court stated that the International Convention Relating to the Arrest of Sea-Going Ships (10 May 1952) shall take precedence over the provisions of the Brussels I Regulation.