Case number and/or case name
BGH, 21.12.2006 – IX ZB 150/05
Details of the court
Germany, Third Instance
Articles referred to by the court
Brussels I
Article 34
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Date of the judgement
20 December 2006
CJEU's case law cited by the court
Summary
The parties argued on a declaration of enforceability granted by a German court. The declaration concerned an attachment order from a Swedish court. It was doubtful whether this order could be considered as a ‘judgment’ within the meaning of Art. 32 Brussels I.
The Federal Court of Justice held that judgments given by other Member State courts in proceedings of temporary legal protection that to the defendant didn’t provide the opportunity to defend himself couldn’t be recognised and be declared enforceable.
In C-125/79 the CJEU stated that judgments that have been granted without a legal hearing of the defendant couldn’t be recognised. The Federal Court of Justice decided in accordance with this jurisdiction. The decision is correct.