Case number and/or case name
AG Steinfurt, 8.1.2008 – 10 F 9/07
Details of the court
Germany, First Instance
Articles referred to by the court
Brussels IIa
Article 12
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Date of the judgement
07 January 2008
CJEU's case law cited by the court
Summary
The court held that the special international jurisdiction of German courts in issues of child custody pursuant to Art 12 Brussels IIa superseded the general international jurisdiction pursuant to Art 8 (1) Brussels IIa. This finding was also valid in the case that an isolated procedure on child custody has been initiated earlier in another state. The court stated that Polish courts were internationally competent pursuant to Art 12 (1) Brussels IIa as the proceedings on matrimonial matters were pending before Polish courts and the parents still had the parental responsibility. The court further held that Art 19 (2) Brussels IIa did not apply to the constellation as the provision did not intend to break into the cascade system established by Art 8 ff Brussels IIa.