Case number and/or case name
OLG Saarbrücken, 26.8.2015 – 9 UF 59/15
Details of the court
Germany, Second Instance
Articles referred to by the court
Date of the judgement
25 August 2015
CJEU's case law cited by the court
Summary
Parental responsibility proceedings. It was doubtful whether the international jurisdiction was to be established according to Brussels IIa or the Hague Convention on the protection of children. The court held that the Brussels IIa Regulation preceded the Hague Convention pursuant to Art 61 (a) solely if the concerned child has his/her habitual residence within a Member State. The habitual residence of the child was according to the court further to be determined independently and not to be derived from the parents’ habitual residence.
The jurisdiction was not exercised as according to the Hague Convention the Russian courts – according to the German court – were internationally competent.