PIL instrument(s)

Case number and/or case name

AG Lüdinghausen, 22.8.2014 – 14 F 138/14

Details of the court

Germany, First Instance

Articles referred to by the court

Date of the judgement

21 August 2014

Appeal history

CJEU's case law cited by the court

Summary

The parents argued about the parental responsibility. The mother and the child were German, the father was Irish. Mother and child were living in Germany. The father initiated proceedings before an Irish court. The mother applied for a transfer of the proceeding to German courts pursuant to Art. 15 (2) (c) Brussels IIbis. The court examined the applicability of the rule. The court held that art. 15 (2) (c) didn’t apply to the case. First, the rule required that the court being charged with the proceedings had international jurisdiction as to the substance. This couldn’t be stated in the present case because the child’s habitual residence pursuant to Art. 8 Brussels IIbis was Germany. The court further stated that the rule couldn’t be applied by analogy. The judgment is correct. The application had to be refused because the Irish court erroneously had assumed its international jurisdiction. Therefore, the requirements in Art. 15 (1) Brussels IIbis weren’t fulfilled. An application by analogy would have extended the Regulation’s scope of application without there being need for it. It has been refused correctly.