Case number and/or case name
IV CSK 224/10 (Sąd Najwyższy)
Details of the court
Poland, Third Instance
Articles referred to by the court
Date of the judgement
08 December 2010
CJEU's case law cited by the court
Summary
The Polish court declared the decision issued by the Czech court enforceable; a decision on protective measures ordering the suspension of the production of buses. The debtor appealed against the declaration of enforcement and pointed out that the enforcement was contrary to public policy. The Polish Supreme Court stated that the judgment shall not be declared enforceable according to Article 34 point 1 of the Brussels I Regulation only if it is justified by the mandatory rules, the provisions of fundamental nature. The Polish Supreme Court stated that Article 34 point 1 of the Brussels I Regulation constitutes an obstacle in the realisation of the aim of the Regulation and thus it shall be interpreted narrowly. It stated that under no circumstances may the foreign judgement be reviewed as to its substance. Consequently, the national court cannot apply Article 34 point 1 of the Brussels I Regulation only because the fact that the provisions applied in the Member State of origin differ from the provisions that would have been applied in the same case in the Member State of enforcement.