Case number and/or case name
BGH, 8.4.2015 – XII ZB 148/14
Details of the court
Germany, Third Instance
Articles referred to by the court
Date of the judgement
07 April 2015
CJEU's case law cited by the court
Summary
The parties argued about the declaration of enforcement of a Hungarian judgment on parental responsibility in Germany. It was doubtful whether the declaration of enforceability was granted correctly by the lower instance courts.
The Federal Court of Justice affirmed the precedent judgments. It held that in proceedings on the declaration of enforceability it wasn’t required that the child was granted a guardian ad litem. The court further stated that a provisional measure on parental responsibility could be declared enforceable even if the child hadn’t been granted a guardian ad litem in the main proceedings.
In the present case the provisional measures of the first State’s court were ordered in summary proceedings. When the court made its decision neither the judges nor the mother knew where the child was staying at that moment. It wouldn’t have been possible to determine the child’s interests within the available period of time. It therefore seems reasonable that the court denied a violation of the German ordre public. Further, the enforcement proceeding according to Brussels I doesn’t require a guardian ad litem for the child. The proceedings exclusively concern the requirements of recognition and enforcement. Therefore, the judgment can be considered correct.