Case number and/or case name
OLG Zweibrücken, 22.9.2005 – 3 W 175/05
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
21 September 2005
CJEU's case law cited by the court
Summary
The parties argued about the declaration of enforceability of an Italian payment order (decreto ingiuntivo).
The court held that the payment order couldn’t be considered as an enforceable judgment within the meaning of Art. 32, 38 Brussels I because the defendant hadn’t had the opportunity to defend himself against the payment order. The decision has been immediately declared enforceable by the Italian court.
The judgment is correct. In C-125/79 the CJEU stated that judgments that have been granted without a legal hearing of the defendant couldn’t be recognised.