Case number and/or case name
OLG Köln, 21.11.2012 – 16 U 126/11
Details of the court
Germany, Second Instance
Articles referred to by the court
Date of the judgement
20 November 2012
CJEU's case law cited by the court
Summary
The defendant pursued an enforcement action because of a settlement between the parties. The plaintiff brought an action to oppose enforcement.
It was doubtful whether the action to oppose enforcement based on a court settlement goes under Art. 22 No 5 Brussels I. The court stated that the action opposing enforcement affected the objections of substantive law. But the decisive reason to assume it as ‘enforcement’ within the meaning of Art. 22 No 5 Brussels I was that it is regulated in the rules concerning the enforcement. Furthermore, the judgment on the action to oppose enforcement doesn’t contain a decision on the underlying substantive claim.
According to the CJEU’s jurisdiction (C-220/84) the action to oppose enforcement goes under the Art. 22 No 5 Brussels I. The judgment is correct.