The dispute arose from a settlement agreement concluded before the German court on 18 November 2008, between the German national Richard L. (claimant) and Polish national Katarzyna D. (defendant), both domiciled in Germany. The defendant agreed she would transfer to the claimant her immovable property situated in Poland in exchange for €40,000. The settlement agreement had been declared enforceable in Poland yet the defendant did not perform her obligation and instead, she concluded a deed of gift with her father, Henryk D. domiciled in Poland (third-party defendant), concerning the same real property. Consequently, the claimant sought to declare the deed of gift ineffective in respect to him pursuant to Article 527 of the Polish Civil Code which establishes the basis for actio pauliana. Being unsuccessful in lower courts, claimant filed a cassation appeal with the Supreme Court.
