PIL instrument(s)

Case number and/or case name

OLG Zweibrücken, 10.5.2005 – 3 W 165/04

Details of the court

Germany, Second Instance

Articles referred to by the court

Date of the judgement

09 May 2005

Appeal history

CJEU's case law cited by the court

Summary

The parties argued about the declaration of enforceability of a Belgian court’s default judgment. It was doubtful whether the judgment could be declared enforceable by German courts. The first instance court granted the declaration of enforceability. The Higher Regional Court contested the first instance court’s decision. It held that the default judgment couldn’t be declared enforceable because of Art. 34 no. 2 Brussels I if the defendant neither had received the documents instituting proceedings nor had been delivered the default judgment. It wasn’t sufficient that the information about the existence of a default judgment consisted in the delivery of the execution clause. The judgment correctly applied Art. 34 no. 2 Brussels I to the present case. The defendant hasn’t had the opportunity to defend himself. The judgment therefore is correct.