PIL instrument(s)

Case number and/or case name

OLG Hamm, 28.6.2012 – 11 UF 279/11

Details of the court

Germany, Second Instance

Articles referred to by the court

Date of the judgement

27 June 2012

Appeal history

CJEU's case law cited by the court

Summary

The German local court recognized the judgment of the Polish Local Court in Prudnik concerning a monthly maintenance. The court further granted the declaration of enforceability. The applicant contested this decision. The Higher Regional Court affirmed the Local Court’s decision. A violation of the ordre public wasn’t given when according to foreign (here: Polish) procedural law a serological analysis of fatherhood is only possible when there was made a formal request by the maintenance debtor. The CJEU stated in Gambazzi (C-394/07) concerning the Brussels I-Regulation that a violation of public policy could solely be assumed if there was a violation of a fundamental principle of a legal system. These guidelines can be transferred to the present case in order to obtain a coherent interpretation between different PIL instruments. An essential violation as described by the court though can’t be noted. It is in accordance with legal variety that there are different scores and focuses in different procedural law systems.