Abstract

The article discusses the problem of admissibility of a complaint against a cassation order of the appellate court in the proceedings for the declaration of enforceability of a foreign judicial decision. In its decision of 10 May 2024, III CZ 116/23, the Supreme Court took allowed the complaint submitted under Art. 394¹ § 1¹ of the Code of Civil Procedure against the decision of the court of appeal issued under the provisions of the Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters in the proceedings for the declaration of enforceability of a judgment of an Italian court. Thus, the Supreme Court accepted that it was admissible to lodge a complaint under Art. 394¹ § 1¹ of the Code of Civil Procedure in proceedings for the declaration of enforceability of a foreign judgment. This thesis arouses doubts. The article presents a different interpretation of the provisions of the Code of Civil Procedure and the relevant acts of European civil procedural law. It assumes that the specificity of the examination of the grounds for refusal to enforce a foreign judgment is in conflict with the application of Art. 394¹ § 1¹ of the Code of Civil Procedure in proceedings for the declaration of enforceability of a foreign judgment. The arguments presented in the article may lead to opposing admissibility of a complaint against a cassation decision also in proceedings for refusal to enforce a decision or other title originating from a EU Member State covered by automatic enforceability. The system of remedies available in these proceedings is shaped in the same way as in proceedings for the declaration of enforceability of a foreign judgment.