Summary
In 2002, the parties; a Lithuanian seller and a Polish buyer, entered into an agreement of sale of goods, but the buyer has failed to fulfil the obligation and consequently, the seller sued him for payment. The Lithuanian court gave a judgment and obliged the buyer to pay and the seller has applied for recognition of the Lithuanian judgment by the Polish court . The defendant (the buyer) argued that the judgment shall not be recognised because such recognition is manifestly contrary to Polish public policy – under Polish law, the applicant has no capacity to be a party in court proceedings. The Polish court found that under Art. 34 point 1 of the Brussels I Regulation the judgment shall not be recognised if the recognition, and not the judgment itself, is manifestly contrary to the public policy in the Member State. The Polish Supreme Court agreed with this argumentation.