Summary
The applicant filed an application for damages, but the parties did not choose expressly the law applicable. The court stated that Art. 4 par. 1 letter of the Rome I Regulation shall be applied and that the contract in question - the contract for the sale of goods - shall be governed by Polish law, as Poland is where the seller is habitually resident. The court stated that according to Art. 25 of the Rome I Regulation this Regulation shall not prejudice the application of international conventions. While the habitual residence of the buyer is in France, the court also pointed out that, given the fact that Poland and France are parties of the United Nations Convention on Contracts for the International Sale of Goods, the contract shall be governed by the provisions of this Convention.