Case number and/or case name
OLG Nürnberg, 12.7.2010 – 11 WF 522, 523/10
Details of the court
Germany, Second Instance
Articles referred to by the court
Brussels IIa
Article 1
Paragraph 2
SubParagraph a
Date of the judgement
11 July 2010
CJEU's case law cited by the court
Summary
The court held that it was internationally competent pursuant to Art 8 (1) Brussels IIa as the children had their habitual residence in Germany. In view of the fact that the father had brought the children to Tunisia after the mother had initiated parental responsibility proceedings in Germany, the court stated that the international jurisdiction remained pursuant to Art 10 (1) Brussels IIa. It held that the short period of time they spent in Tunisia did not suffice in order to assume a new habitual residence there.