A review of judicial decisions of the Polish Supreme Court within the scope of CMR

摘要

The judgements of the SC show that as a rule, CMR has been properly applied in Poland. Although the statements included in particular judgements may be debate-able, the SC applies CMR with obedience to its obligatory character. Furthermore, in a few of its judgements, the SC rightly objected to the tendency of the hasty use of domestic law to fill the alleged loopholes in the convention. The circumstance that in the grounds for some of its judgements, the SC refers to judiciary decisions of other european courts, which is an expression of the autonomous interpretation of the convention, is also worth noticing.