The parties argued on the adjustment of pension rights. The Local court assumed its international jurisdiction.
The Higher Regional Court, applying Art. 3 Brussels IIbis by analogy, held that German courts lacked international jurisdiction regarding proceedings of the adjustment of pension rights. Therefore it stated that German courts weren’t competent of judging on the adjustment of pension rights.
This decision is very questionable. Recital 8 Brussels IIbis clearly states that the Regulation shouldn’t apply to ancillary measures within the area of divorce. The adjustment of pension rights however is such a measure. Further, there’s a rule in German civil procedure law which states the international jurisdiction of German courts in proceedings regarding the adjustment of pension rights (§ 102 Nr. 2 FamFG). The court’s interpretation concerns the scope of application of the Brussels IIa Regulation to a significant extent. The court at least should have made a preliminary reference to the CJEU. The decision can’t be considered correct.