Case number and/or case name
OLG Zweibrücken, 25.1.2006 – 3 W 239/05
Details of the court
Germany, Second Instance
Articles referred to by the court
Brussels I
Article 34
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Article 43
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Date of the judgement
24 January 2006
CJEU's case law cited by the court
Summary
The litigation between the parties concerned a declaration of enforcement granted by a German court. The disputed payment order has originally been given by an Italian court (‘decreto ingiuntivo’). It was doubtful whether this order could be considered as a ‘judgment’ within the meaning of Art. 32, 38 Brussels I.
The first instance court assumed that the decreto ingiuntivo was a ‘judgment’ within the meaning of Art. 32, 38. This was confirmed by the Higher Regional Court. It held that the Italian payment order had to be considered as a judgment within the meaning of Brussels I given the fact that the defendant has been granted the right to be heard in proceedings with conflicting interests.
It is settled case law that a ‘judgment’ within the meaning of Brussels I can be assumed when any judicial body due to his function has ruled on litigious issues between the parties. Therefore the court’s judgment is correct.