PIL instrument(s)

Case number and/or case name

BGH, 22.9.2005 – IX ZB 7/04

Details of the court

Germany, Third Instance

Articles referred to by the court

Date of the judgement

21 September 2005

Appeal history

CJEU's case law cited by the court

Summary

The parties argued on the declaration of enforceability of a decision given by the president of a French bar association that concerned the determination of the lawyer’s fee (décision du bâtonnier). This resolution has been declared enforceable by the Regional Court. The Higher Regional Court dismissed the applicant’s appeal. It was relevant to examine whether there was a ‘judgment’ within the meaning of Art. 32 et seq. Brussels I. The Federal Court of Justice held that a decision given by a president of a French bar association in connection with an enforceable copy (expedition executoire) granted by the president of the Tribunal de grande instance was a ‘judgment’ within the meaning of Art. 32 Brussels I. It confirmed the lower instance courts’ judgments and declared the enforceability of the decision. The judgment is correct. The decision that is based on two declarations contains the relevant characteristics of a ‘judgment’ within the meaning of Art. 32 Brussels I.