PIL instrument(s)

Case number and/or case name

OLG Koblenz, 26.11.2008 – 9 UF 653/06

Details of the court

Germany, Second Instance

Articles referred to by the court

Date of the judgement

25 November 2008

Appeal history

CJEU's case law cited by the court

Summary

The parties argued about the divorce and the parental responsibility. The court held that it had the international jurisdiction pursuant to Art 3 (1) (a) second indent Brussels IIa. It stated that when the divorce proceedings were iniated, both parties were having their habitual residence in Germany. The fact that the defendant had moved after this point of time was not relevant in this regard. The applicant still had her habitual residence in Germany. As the children had their habitual residence in Germany, the court further applied Art 8 (1) Brussels IIa with regard to parental responsibility. The court applied Iranian law under Art 8 (3) German-Persian Settlement Agreement.