Case number and/or case name
OLG Köln, 17.11.2008 – 16 W 27/08
Details of the court
Germany, Second Instance
Articles referred to by the court
Date of the judgement
16 November 2008
CJEU's case law cited by the court
Summary
The applicant opposes the enforcement of a Belgian court’s judgment in Germany, claiming that the decision has been obtained by fraud and therefore violated German public policy.
The court held that during the stadium of the enforcement of a decision a violation of public policy couldn’t be claimed if the claim had been based on reasons that could have been asserted by the appeal mentioned in Art. 43 Brussels I.
The judgment is in accordance with the CJEU jurisdiction in C-145/86 and therefore is correct.