Case number and/or case name
OLG Düsseldorf, 8.12.2009 – 3 UF 198/09
Details of the court
Germany, Second Instance
Articles referred to by the court
Brussels IIa
Article 12
Paragraph 3
SubParagraph b
Date of the judgement
07 December 2009
CJEU's case law cited by the court
Summary
The subject of the dispute was the mother’s application regarding the ruling of the right of access. The first instance court denied its international jurisdiction pursuant to Art 8 (1) Brussels IIa as the child was living in the Netherlands. Moreover, it stated that Art 12 (3) did not apply to proceedings regarding the rights of access.
The Higher Regional Court annulled the first instance court’s judgment. It held that the parties effectively had accepted the jurisdiction of the German court under Art 12 (3) lit b Brussels IIa. The provision applied to the right of access, too, given the regulation in Art 2 no 7 Brussels IIa. It was sufficient that the parties accepted a court’s jurisdiction before its decision was made.