Case number and/or case name
III Ca 1545/13 (SO w Gliwicach)
Details of the court
Poland, Second Instance
Articles referred to by the court
Date of the judgement
10 February 2014
CJEU's case law cited by the court
Summary
The court of first instance stated that the judgment issued by the German court in 1993 shall not be enforceable in Poland because the claim was time barred. The court of second instance disagreed with the above-mentioned decision and stated that German provisions on prescription should have been applied. It emphasised that according to Article 21 par. 2 of the Maintenance Regulation the competent authority in the Member State of enforcement shall, on application by the debtor, refuse the enforcement of the decision of the court of origin if the right to enforce the decision of the court of origin is extinguished by the effect of prescription or the limitation of action, either under the law of the Member State of origin or under the law of the Member State of enforcement, whichever provisions for the longer limitation period. The court of second instance emphasised that under the Polish provisions the claim is time barred after ten years and under German ones (Bürgerliches Gesetzbuch) after thirty years. This means that the judgment issued by the German court in 1993 shall be enforceable in Poland.