PIL instrument(s)
Brussels IIa
Case number and/or case name
OLG Karlsruhe, 5.3.2012- 18 UF 274/11
Details of the court
Germany, Second Instance
Articles referred to by the court
Brussels IIa
Article 8
Paragraph 1
Article 61
Paragraph a
Date of the judgement
04 March 2012
Appeal history
CJEU's case law cited by the court
None
Summary
The proceedings concerned the guardianship of a refugee. It was doubtful whether German courts were internationally competent pursuant to Art. 8 Brussels IIbis. The court held that an underage refugee who has come to Germany established his domicile in Germany if he was accommodated to a household of a family domiciled in Germany. The refugee has integrated in a new social environment. Further, it was clear that he aimed to live in Germany permanently. The necessary social connection between the person and his environment therefore had been established. The judgment is correct.

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