Case number and/or case name
OLG Oldenburg, 22.7.2003 – 8 W 64/03
Details of the court
Germany, Second Instance
Articles referred to by the court
Brussels I
Article 43
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Date of the judgement
21 July 2003
CJEU's case law cited by the court
Summary
The plaintiff is trying to enforce a judgment by the Arrondissementrechtbank’s Gravenhage, Netherlands in Germany. The judgment of the Dutch court ordered the defendant to pay a fine of EUR 425.000 in combination with interests of EUR 10.000 per day to the plaintiff. The court of first instance declined enforceability because of a violation of the ordre public. The plaintiff appeals against this decision.
The court declared the judgment enforceable. The court stated that it is not per se a violation of the German ordre public if the plaintiff is trying to enforce a judgment based on a legal instrument which does not exist under German law. The court stated that there a similar instruments in Germany which can also sum up to a considerable amount. Therefore, there is no violation of the ordre public which would hinder enforcement pursuant to Art. 34 Brussels I.