Summary
The current case concerns a Polish company in bankruptcy. According to Article 1 par. 2-letter c the Brussels 1 Regulation shall not apply to bankruptcy proceedings. The syndic sued a Swiss company for payment and contractual damages. He stated that the Polish court shall have jurisdiction under Polish provisions, because the case in question does not fall within the scope of application of the Brussels I Regulation. The Polish Supreme Court stated that an action is related to bankruptcy if it derives directly from the bankruptcy and is closely linked to proceedings for realising the assets or judicial supervision. Consequently the Polish Supreme Court stated that the action is not related to the bankruptcy because it was possible to sue the Swiss company before the bankruptcy was declared.