PIL instrument(s)

Case number and/or case name

OLG Stuttgart, 17.1.2014 – 17 WF 229/13

Details of the court

Germany, Second Instance

Articles referred to by the court

Date of the judgement

16 January 2014

Appeal history

CJEU's case law cited by the court

Summary

The parties argued about maintenance claims. The court had to assess whether German courts were internationally competent and which law applied to the case. The court held that the defendant had entered appearance pursuant to Art 5 Maintenance Regulation as he did not make objections against the international jurisdiction before he had transmitted the written submissions. These were to be considered as the first act of defence according to German procedural law. The court further brought up the question whether the Hague Maintenance Protocol applied towards third states, in the present case namely towards Turkey. It however left open this question as the law applicable to the claims was Turkish law – under the Hague Maintenance Protocol (Art 3) as well as under the HUÜ (Art 4).