Case number and/or case name
OLG Bamberg, 28.12.2006 – 3 W 110/06
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
27 December 2006
CJEU's case law cited by the court
Summary
The parties argued on the declaration of enforceability. The court had to examine the existence of a ‘judgment’ within the meaning of Brussels I.
The court held that the statement of the president of the Tribunal de Grande Instance de Strasbourg that declared the decision stating the proceedings’ costs enforceable was a ‘judgment’ within the meaning of Art. 38 Brussels I.
The decision is correct because the judgment of the Tribunal de Grande Instance only in conjunction with the declaration of the president resulted in an enforceable title.