Case number and/or case name
I ACz 1719/12 (SA w Krakowie)
Details of the court
Poland, Second Instance
Articles referred to by the court
Date of the judgement
18 November 2012
CJEU's case law cited by the court
Summary
The judge of first instance stated that the judgment relating to parental responsibility issued by the French court cannot be recognised because the applicant did not produce the certificate stating that the French judgement is final. The judge pointed out that the applicant should have produced such a certificate according to the provisions of the Polish Code of Civil Procedure. The court of second instance disagreed with the above-mentioned decision and stated that the national provisions can be applied only if they are not contrary to EU law. It emphasised that under the Brussels IIa Regulation the applicant is obliged to produce only the document referred to in Art. 37 and 39. The court of second instance pointed out that, according to Brussels IIa Regulation, the judgment does not have to be final in order to be recognised. The only one exception to this general rule is provided for in Art. 21 par. 2 of the Brussels IIa Regulation.