Court of Justice of the 
European Communities
L-2925 Luxembourg
INFORMATION PURSUANT TO 
PROTOCOL 2 ANNEXED TO THE 
LUGANO CONVENTION
Nº 2006/42


Library, Research
and Documentation
 

Recent case-law relating to the Brussels 
and Lugano Conventions on Jurisdiction 
and the Enforcement of Judgments in Civil 
and Commercial matters
 

Lugano 
Convention

Art. 37(2)


Court  :   
Sąd Najwyższy
Date  :  31.05.2005
Number  :  V CK 266/05
 

Keywords  : 
 
E-37.02 Lugano Convention - Recognition and enforcement - Certificate of enforceability - Appeal against grant - "Judgment given on the appeal" - Judgment on the merits - Judgment of a Polish appeal court concerning a collateral issue such as the refusal of the court at first instance to reinstate the time-limit for appealing against grant of the certificate of enforceability - Excluded
 
Summary  : 
 
  The term "judgment given on the appeal" in Article 37(2) of the Convention, which must be strictly construed, covers only judgments concerning the substance of an appeal brought on the basis of Article 37(1) of the Convention.

It follows that in Poland an appeal in cassation before the Sąd Najwyższy (Supreme Court) is possible only against a judgment of the sąd apelacyjny (Appeal Court) delivered in an appeal against a decision of the sąd okręgowy (regional court) authorising enforcement. The judgments of a court of second instance (of the sąd apelacyjny) concerning collateral issues, such as a refusal by the court of first instance to reinstate the time-limit for appealing against the grant of a certificate of enforceability, does not fall within the scope of Article 37(2), of the Convention and is accordingly not open to an appeal in cassation.
 

Annex  : 

Judgment in original language (Polish)

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