Case number and/or case name
OLG Stuttgart, 12.4.2012 – 17 UF 22/12
Details of the court
Germany, Second Instance
Articles referred to by the court
Date of the judgement
11 April 2012
CJEU's case law cited by the court
Summary
The parents and their child were living in Germany. The mother applied for the readjustment of the rights of access in September 2011. After that the father moved to Turkey with the child where the child went to elementary school. The family court granted the rights of access. The father contested this judgment.
The court had to examine the international jurisdiction of German courts pursuant to Art. 8 (1) Brussels IIa. It held that the child built a new habitual residence in Turkey and that there was no perpetuatio fori so that the German courts didn’t have international jurisdiction. The court stated that Turkey as a third State couldn’t be obliged by the Regulation. Also, there was a convention being decisive for the relations between Germany and Turkey. The rules on the international jurisdiction could solely be applied within the Member States.
It can be assumed that it’s not the purpose of the Brussels IIa-Regulation to break into international contracts of Member States with third countries. The relations between Germany and Turkey concerning the present question are regulated by the MSA. Therefore it seems appropriate to not extend the Art. 8 (1) Brussels IIa to the present case in order to avoid the perpetuatio fori towards third countries.