Summary
The parties to the contract had concluded the payment for a financial loan. In concluding the terms of contract they did not choose the applicable law, in the event of a dispute arising. The court emphasised that according to Art. 4 par. 2 of the Rome I Regulation, the loan contract shall be governed by the provisions of the law, of the country where the party required to effect the characteristic performance of the contract, has his habitual residence. Consequently, the court found that Polish law shall apply because the party who was obliged to remunerate the other party, was habitually resident in Poland.