Case number and/or case name
IX GC 51/13 (SO w Gdańsku)
Details of the court
Poland, First Instance
Articles referred to by the court
Rome I
Article 4
Paragraph 1
SubParagraph a
Date of the judgement
25 April 2013
CJEU's case law cited by the court
Summary
The applicant filed an application for damages. The parties did not choose expressly the law applicable. The court stated that Art. 4 par. 1 letter a 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 (the seller had his habitual residence in Poland). The court stated that according to Art. 25 of the Rome I Regulation this Regulation shall not prejudice the application of international conventions. The court pointed out that, given the fact that Poland and France (the buyer had his habitual residence in 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.