Summary
The case concerns the defective enforcement proceedings conducted by a Polish bailiff. The plaintiff filed an application for declaration that the defendant cannot demand the money in question, be returned. The plaintiff stated that the case shall be governed by German Law, because under Art. 4 par. 3 of the Rome II Regulation the case is closely connected with Germany, due to the fact that the contract which had given rise to the delict in question was governed, as per the Rome I Regulation, by the German provisions. However, the court of second instance agreed with the plaintiff, emphasising that the close connection with another Member State can result from the contract which was a source of the delict. However, the court pointed out that, in the analysed case, the general rule laid down in Article 4 par. 1 applies. It stated that the method of the enforcement proceedings, as well as the parties involved in the proceedings and the country in which the act of enforcement was carried out are not manifestly more closely connected with Germany and consequently, Polish law shall be applied.