Case number and/or case name
OLG Rostock, 18.3.2009 – 1 W 25/09
Details of the court
Germany, Second Instance
Articles referred to by the court
Date of the judgement
17 March 2009
CJEU's case law cited by the court
Summary
The applicant contested the Regional Court’s judgment which had declared the enforceability of a Polish court’s judgment. The applicant claimed that the Polish court’s default judgment hadn’t been delivered to him.
The Higher Regional Court rejected the complaint. It stated that a mere formal irregularity in delivery procedure according to the first State’s law couldn’t be considered as a reason to deny enforcement pursuant to Art. 45 (1), 34 no. 2 Brussels I if the document initiating proceedings had been delivered in time or if the defendant had missed to lodge an appeal in the State of the first proceedings.
The judgment is in accordance with German scientific literature. It further promotes the aim of free movement of judgments stated in Recital 10 Brussels I. The decision is correct.