Recognition of Polish judgment upheld as procedural objections not raised in originating court

The Supreme Court dismissed an appeal challenging the recognition and enforcement in Ireland of a Polish appellate court judgment, where the objection centred on the presence of a judge seconded to the Polish Court of Appeal under a process later criticised by the European Court of Justice. The Court held that because the party objecting to the panel's composition could have, but failed, to raise this issue before the Polish appellate court, it could not now do so in Irish proceedings. The Supreme Court found that mutual trust between EU Member States' courts dictates that any procedural or public policy objections to a foreign court’s decision should generally be raised in the country of origin, especially when such avenues were open and not shown to be unavailable in practice. As the objector had all relevant information to pursue this argument in Poland and had, in fact, done so in a subsequent appeal there, the Court concluded that Irish recognition of the judgment was not precluded. The Supreme Court therefore refused to set aside the recognition of the Polish judgment.