Case number and/or case name
OLG Karlsruhe, 6.5.2011 – 5 WF 79/11
Details of the court
Germany, Second Instance
Articles referred to by the court
Date of the judgement
05 May 2011
CJEU's case law cited by the court
Summary
Parental responsibility proceedings. The court stated that the international jurisdiction of the court first seised as well as the fact that the court secondly seised was not competent pursuant to Art 19 (3) Brussels IIa could only be determined if the court first seised had formally legally binding decided on the issue. It is worth mentioning that the court explicitly stated the difference to the German rule on the issue (§ 261 III Nr. 1 ZPO) in order to carry out an autonomous interpretation of Art 19 Brussels IIa.