Although Denmark sometimes abstain from the application of EU regulations, such a case does not occur regarding Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. By the letter of 20th December 2012, Denmark notified the Commission of its decision on the implementation of Regulation (EU) No 1215/2012. Of course, this regulation also binds Poland.
In the light of frequent commercial contacts between Poland and Denmark, the issue of determining the appropriate jurisdiction can be crucial for effective redress in court. In a dispute of a cross-border nature, a lawyer in Poland often begins with this analysis.
The general rule is that persons residing in the territory of a Member State may be sued, regardless of their nationality, in the courts of that Member State.
Living in Poland, you can be sued in a Polish court.
The regulation provides for exceptions and special provisions, so it should be verified each time whether it will be possible to raise a plea of lack of jurisdiction (or whether we will not be exposed to such a charge).
It should be emphasized that pursuant to art. 25 of this Regulation, the parties may agree which country’s courts will examine any future disputes.
Such a contract can be autonomous or integrated in a basic contract document.
For example, a Danish company may arrange with a Polish contractor that in each case disputes will be settled in Poland. You can also arrange the opposite – that regardless of where the defendant lives, the court in Denmark will be the competent court.
This is just an example – many configurations are possible within the European Union.
On the basis of art. 25 of Regulation 1215/2012, such an agreement should generally be concluded in writing or orally confirmed in writing. The subject of proper jurisdiction (in particular in the field of cross-border disputes of entities based in Poland and Denmark) appears frequently in our legal practice, which is why we will systematically introduce you to these issues.