Key legal question
Whether the Swiss proceedings had to be suspended under Art. 9 PILA because a Polish divorce action was pending.
Extracted holding
The Swiss court could not yet refuse suspension solely on the basis of Art. 65 PILA; the potential recognizability of a later Polish divorce had to be examined under the Hague Convention, including the husband’s habitual residence in Poland.
Extracted reasoning
The Hague Divorce Convention applied between Switzerland and Poland from 29 March 2008. Because the Polish divorce was not yet granted when the convention entered into force, Switzerland’s temporal reservation did not prevent recognition of a later Polish judgment. The record did not allow a finding on habitual residence one year before filing.