EUPillar BGH, 2.4.2008 – XII ZB 134/06

Summary

The parties argued on the maintenance of their son. The mother applied for the suspension of the rights of access before the German Family Court which decided to transfer the proceedings to the Tribunal de Grande Instance in Paris after the father had made an application saying that the French court should declare its competence. The second instance court in Germany (Kammergericht) dismissed the Family Court’s decision. The defendant then further claimed for the reference of the proceedings to the Court in Paris. The Federal Court of Justice held that a local court’s decision ruling to request a foreign court pursuant to Art. 15 (1) (b) Brussels IIbis to declare its jurisdiction only was an interim decision. The court having international jurisdiction could decline jurisdiction according to Art. 15 (5) second sentence Brussels IIbis only if the requested foreign court had declared its competence within six weeks. The court applied the law correctly without exceeding the rules’ wording or purpose. The judgment therefore is correct.