Case number and/or case name
OLG Celle, 3.1.2007 – 8 W 86/06
Details of the court
Germany, Second Instance
Articles referred to by the court
Brussels I
Article 33
Paragraph 1
Paragraph 2
Paragraph 3
Article 34
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Article 35
Paragraph 1
Paragraph 2
Paragraph 3
Article 43
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Article 46
Paragraph 1
Paragraph 2
Paragraph 3
Article 47
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
02 January 2007
CJEU's case law cited by the court
Summary
The defendant contests the declaration of enforceability of an Italian payment order (decreto ingiuntivo) granted by a German Court.
The court held that the Italian payment order ‘decreto ingiuntivo’ was a judgment which in general could be recognised pursuant to Art. 32 et seq. Brussels I. Further, the fact that the payment order was provisionally enforceable as well as the fact that the proceedings in Italy weren’t terminated in a legally binding way didn’t violate the principle of public policy within the meaning of Art. 34 no. 1 Brussels I.
The judgment is in accordance with the jurisdiction of the CJEU in C-474/93 where the Court declared the ‘decreto ingiuntivo’ was a document that initiated proceedings. Given the fact that Art. 34 no. 1 Brussels I has to be interpreted restrictively it seems also correct that the court didn’t assume a violation of the ordre public. The decision is correct.