Case number and/or case name
VIII GC 134/11 (SO w Szczecinie')
Details of the court
Poland, First Instance
Articles referred to by the court
Date of the judgement
12 November 2013
CJEU's case law cited by the court
Summary
An application was filed for declaration that the defendant has no claim for refund of the amount collected in enforcement proceedings due to the set-off of mutual debts. The court stated that the validity of the set-off shall be evaluated in light of the law applicable determined in accordance with Art. 17 of the Rome I Regulation. The court stated that the parties did not choose the law applicable, so the set-off shall be governed by the law applicable to the claim against which the right to set-off is asserted. In order to determine the law applicable to the claim against which the right to set-off is asserted it was necessary to apply the provisions of the Rome II Regulation. The court found that according to Art. 4 par. 1 of the Rome II Regulation, or according to Art. 10 if the obligation of the defendant arises out of unjust enrichment, Polish law shall apply.