PIL instrument(s)
Brussels I
Case number and/or case name
V ACz 1081/14 (SA w Katowicach)
Details of the court
Poland, Second Instance
Articles referred to by the court
Brussels I
Article 1
Paragraph 1
Paragraph 2 SubParagraph a
Paragraph 2 SubParagraph b
Paragraph 2 SubParagraph c
Paragraph 2 SubParagraph d
Paragraph 3
Article 32
Article 34
Paragraph 1
Paragraph 2
Article 35
Paragraph 1
Paragraph 2
Paragraph 3
Article 38
Paragraph 1
Article 41
Article 45
Paragraph 1
Article 53
Paragraph 1
Paragraph 2
Article 54
Article 71
Paragraph 1
Date of the judgement
12 April 2015
Appeal history
None
CJEU's case law cited by the court
Summary
The court of the first instance declared the judgement issued in Luxembourg enforceable. The debtor appealed against this decision. He stated that the applicant did not prove that he was served with the document which instituted the proceedings. Moreover, he stated that the Luxembourg court had no jurisdiction under the Brussels I Regulation, so the Polish court should have refused to declare the judgement enforceable on the basis of Article 34 point 1 of the Brussels I Regulation. The court of the second instance stated that the jurisdiction of the Luxembourg court had been established on the basis of Article 5 point 1 of the Brussels I Regulation. It also stated that the jurisdiction of the court of the Member State of origin may not be reviewed and the test of public policy may not be applied to the rules relating to jurisdiction. The court of the second instance also stated that Article 34 point 2 of the Brussels I Regulation was not violated.

This website is written and maintained by the University of Aberdeen's Research Applications and Data Management Team