Case number and/or case name
OLG Köln, 15.9.2004 – 16 W 27/04
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 35
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
14 September 2004
CJEU's case law cited by the court
Summary
The parties argued on the declaration of enforcement of a French judgment. It was doubtful whether the remark in the decision stating that statutory interest had to be paid could be declared enforceable.
The court held that the French court’s decision could not be declared enforceable because it wasn’t possible to determine the owed sum precisely. The court wasn’t able to concretise the ordered amount.
It is relevant that the execution of enforcement declarations can be performed without uncertainties. Therefore it is necessary that the declaration of enforceability is precise. In the present case it could not be assured that the German court’s declaration of enforceability would have been clear enough. Therefore, it was correct to refuse the declaration because of lacking reasonable certainty.