Case number and/or case name
OLG Hamm, 19.8.2003 – 29 W 29/03
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 43
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Article 46
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
18 August 2003
CJEU's case law cited by the court
Summary
The plaintiff is trying to enforce a French judgment in Germany. The defendant argues that the judgment is not enforceable because it appealed against it in France.
The court engaged with the argument whether it has to stay its proceedings according to Art. 46 Brussels I. However, the court made clear that it is sufficient to protect the defendant if it makes the enforcement conditional on the provision of a security in the sense of Art. 46 (3).