Case number and/or case name
OLG München, 22.1.2015 – 12 UF 1821/14
Details of the court
Germany, Second Instance
Articles referred to by the court
Brussels IIa
Article 1
Paragraph 1
SubParagraph b
Paragraph 2
SubParagraph a
Article 40
Paragraph 1
SubParagraph b
Date of the judgement
21 January 2015
CJEU's case law cited by the court
Summary
It was doubtful whether a Polish court’s judgment on parental responsibility could be declared enforceable. The German court denied the presence of an enforceable judgment within the meaning of Art 28 Brussels IIa. The Polish judgment was made within proceedings concerning provisional measures. The defendant was not heard. The court referred to the regulation in Art 20 Brussels IIa and stated that the Polish court had not based its jurisdiction on the provisions of Art 8 et seqq Brussels IIa Regulation. It denied the enforceability under Brussels IIa. Art 21 et seqq Brussels IIa did not apply to measures under Art 20 Brussels IIa. The court applied Art 23 of the Hague Convention on the protection of children.