Case number and/or case name
AG Pankow/Weißensee, 29.3.2009 – 28 F 935/09
Details of the court
Germany, First Instance
Articles referred to by the court
Date of the judgement
19 March 2009
CJEU's case law cited by the court
Summary
The applicant claimed for refusal of recognition of a decision that has been made by the Tribunal de Grande Instance Nice within proceedings of provisional protection. The French court’s decision ordered that the parental responsibility was to be transferred to the father. The mother was not summoned and therefore not heard within these proceedings.
The court stated its international jurisdiction pursuant to Art 21 (3) Brussels IIa. The court held that the French court’s decision could not be recognised as the document initiating proceedings had not been delivered to the mother. Further, she had not been heard in the proceedings. The court found that both reasons to refuse recognition – Art 23 lit c and d Brussels IIa – were given in the case. It therefore denied the recognition of the French court’s judgment and complied with the application.