PIL instrument(s)

Case number and/or case name

OLG Stuttgart, 5.3.2014 – 17 UF 262/13

Details of the court

Germany, Second Instance

Articles referred to by the court

Date of the judgement

04 March 2014

Appeal history

CJEU's case law cited by the court

Summary

The parents argued about the parental responsibility. It was doubtful whether a decision on a provisional measure given by a Hungarian court could be recognized by German courts pursuant to Art. 21 et seq. Brussels I. The court held that decisions on provisional measures didn’t have to be recognized in any case. It stated that the recognition was possible if the court that originally had given the judgment on the measure had based its jurisdiction on the rules of international jurisdiction in Art. 8 et seq. Brussels IIbis. In the present case the court stated that the Hungarian court had based its international jurisdiction on Art. 8 (1) Brussels I. The judgment correctly applies the CJEU judgment C-256/09 to the present case and therefore is correct.