PIL instrument(s)

Case number and/or case name

OLG Hamm, 19.12.2003 – 29 W 18/03

Details of the court

Germany, Second Instance

Articles referred to by the court

Date of the judgement

18 December 2003

Appeal history

CJEU's case law cited by the court

Summary

The plaintiff is a French lawyer. The defendant is a German company. The plaintiff represented the defendant in enforcing a German judgment in France. However, the defendant did not pay the full amount of the lawyer fees. The plaintiff is now trying to enforce a decision by the president of the bar association of Paris in Germany stating that the defendant has to pay the outstanding amount of the lawyer fees. The court of first instance declared this decision to be enforceable. The defendant is complaining against this decision. The parties are in dispute whether the decision is a judgment within the meaning of Art. 32 Brussels I. The court stated that judgment has to be interpreted autonomously. It expressly includes the determination of costs by an officer of the court. It continues by examining the several prerequisites of Art. 32 Brussels I and the enforcement in Art. 34 Brussels I. The court, then, comes to the conclusion that the decision by the president of the bar association in Paris is a judgment in the sense of Art. 32 Brussels I and that it can be enforced pursuant to Artt. 33, 34 Brussels I. The judgement is correct.