PIL instrument(s)
Hague Maintenance Protocol
Case number and/or case name
BGH, 26.6.2013 – XII ZR 133/11
Details of the court
Germany, Third Instance
Articles referred to by the court
Hague Maintenance Protocol
Date of the judgement
25 June 2013
CJEU's case law cited by the court
Summary
The parties argued on maintenance claims. It was doubtful whether the Hague Protocol was applicable towards Switzerland. The court referred to two opinions in German scientific literature: one states that given the rule in Art. 2 of the Protocol the rules of the Protocol apply also towards Switzerland. Others however focus on Art. 18 of the Protocol and state that the rules can’t be applied towards Switzerland.
In the present case the question wasn’t relevant because in both ways German law applied to the dispute. A preliminary ruling on this issue would have been useful.