Case number and/or case name
OLG Köln, 19.3.2004 – 16 W 39/03
Details of the court
Germany, Second Instance
Articles referred to by the court
Brussels I
Article 15
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Paragraph 1
SubParagraph c
Article 66
Paragraph 1
Paragraph 2
SubParagraph a
Paragraph 2
SubParagraph b
Date of the judgement
18 March 2004
CJEU's case law cited by the court
Summary
The parties argued about the declaration of enforceability of a Dutch judgment that obliged the debtor to paying a certain sum to the creditor. A Dutch version of the judgment had been delivered to the debtor.
The court held that the declaration of enforceability was correctly granted by the first instance court. It stated that Art. 34 no. 2 Brussels I wasn’t contrary to the declaration of enforceability given the fact that the debtor has received the judgment in the language of the initial proceedings. The court further stated that the declaration of enforceability of a judgment given under the temporal applicability of the Convention prior to Brussels I (EuGVÜ) didn’t have to be denied given the fact that the rules on consumer issues (Art. 15 et seq. Brussels I) have changed.
It was correct to deny a violation of Art. 34 no. 1 Brussels I because this rule solely applies to documents that initiate proceedings. The court also correctly applied Art. 66 (1) Brussels I. The Dutch court wasn’t able to violate the rules in chapter II (Art. 15 et seq. Brussels I) because the Regulation hadn’t been applicable at that point of time.