PIL instrument(s)

Case number and/or case name

OLG München, 26.7.2011 – 33 UF 874/11

Details of the court

Germany, Second Instance

Articles referred to by the court

Date of the judgement

25 July 2011

Appeal history

CJEU's case law cited by the court

Summary

The father applied for the right of access before the Local Court Munich. The father hadn’t seen the child since the relation between the parents had been quit in august 2010. The Local Court Munich ruled the father’s right of access in 2011. The mother contested this decision. The court had to decide whether German courts had international jurisdiction pursuant to Art. 9 (1) Brussels IIbis concerning the right of access. The court held that the relevant moment for the continuation of jurisdiction in Art. 9 (1) Brussels IIbis in proceedings regarding the modification of a decision on the right to access, was the initiating of the ‘modifying proceedings’ by seising of the court within the meaning of Art. 16 Brussels IIbis. The court’s interpretation promotes legal security because the moment where the court is seised pursuant to Art. 16 Brussels IIbis can be determined clearly. The choice of a moment that is determined within the Regulation also promotes coherence between its different rules. Therefore, the judgment is correct.