Case number and/or case name
OLG Bremen, 25.4.2014 – 2 U 102/13
Details of the court
Germany, Second Instance
Articles referred to by the court
Date of the judgement
24 April 2015
CJEU's case law cited by the court
Summary
The parties argued about damage claims. It was doubtful whether a judgment given by a Belgian court was valid also in the German proceedings.
The court held that an assignee in a German proceeding was obliged by the effects of a foreign judgment within the meaning of Art. 33 Brussels I even if they didn’t take part in the proceedings. The validity of the judgment also meant that its effects were substantively binding for them.
The judgment is correct. In its preliminary ruling the CJEU held that Art. 32 and 33 Brussels I that the court being charged with the issue of recognition was obliged by the reasons given by the court in the judgment that denied international jurisdiction. The extension of the judgment’s effects therefore also meant a change in the assignee’s personal legal situation because he succeeds the assignor’s legal position.