Summary
The parties had concluded an insurance contract. Subsequently, the defendant Insurance company refused to pay the compensation. The payment of compensation depended on the validity of the agreement on the sale of the vehicle. The court of first instance determined that, according to Polish private international law, German law shall apply. The court of second instance agreed that the German provisions shall be applied, but it emphasised that the court of first instance had wrongly applied Polish private international law. It pointed out that the German law shall apply by virtue of Article 4 par. 1 letter a) of the Rome I Regulation, taking account of the fact that the seller was a Polish citizen, but he had his habitual residence in Germany.