Case number and/or case name
I ACz 248/14 (SA we Wrocławiu)
Details of the court
Poland, Second Instance
Articles referred to by the court
Brussels IIa
Article 16
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Date of the judgement
27 February 2014
CJEU's case law cited by the court
Summary
The first instance court rejected an application for divorce, finding that the German court had been seised on 22 August and the Polish court on 29 August. The court of first instance pointed out that it was unnecessary to stay proceedings under Art. 19 par. 1 of the Brussels IIa Regulation because of sufficient evidence produced by the defendant, evidencing that the case was pending before a German court.
The court of second instance disagreed with this decision and found that the court of first instance had been obliged to stay its proceedings until such time as the jurisdiction of the court first seised, is established. The jurisdiction can be declined only if the jurisdiction of the court first seised is established. The fact that the German court was the court first seised does not mean that it has jurisdiction under Brussels IIa Regulation.