PIL instrument(s)

Case number and/or case name

OLG Köln, 8.5.2006 – 16 W 13/06

Details of the court

Germany, Second Instance

Articles referred to by the court

Date of the judgement

07 May 2006

Appeal history

CJEU's case law cited by the court

Summary

The parties argued on the declaration of enforcement of an order to performance (‘atto di precetto’) originally granted by an Italian court. This order has been declared enforceable by a German Regional Court. The Higher Regional Court contested the first instance court’s judgment. It held that the ‘atto di precetto’ couldn’t be considered as a ‘judgment’ within the meaning of Art. 32 Brussels I. This order for performance wasn’t made by a judicial body but was in general made by one of the litigants. The judgment is in accordance with settled case law and the purposes of Brussels I. The ‘atto di precetto’ can be seen as an order to fulfill the obligation stated in the judgment. It is further a requirement from the enforcement proceedings within Italy. The judgment is correct.