EUPillar KG, 10.7.2006

Summary

The parties argued about the parental responsibility over one of their children. The mother lived with one child in Berlin, whereas the father lived in Paris with the other one. Due to problems between father and the child that was living with him, the mother applied for the suspense of the access rights. The father applied for a transfer of the proceedings pursuant to Art 15 Brussels IIa. The mother appealed against the Local court’s transfer decision. The Kammergericht annulled the Local Court’s decision. It held that the decision mentioned in Art 15 Brussels IIa could be appealed against under § 19 FGG (German Code on voluntary jurisdiction). Moreover, the provision of Art 15 Brussels IIa was to be interpreted restrictively. The mere fact that the father lived in France was not sufficient to assume the necessity of a transfer to the French court as issues like these were to be examined under Art 15 (3), (1) Brussels IIa (‘particular connection’). The regularly occurring problems regarding language and distance did not suffice to establish an exceptional case that is required for Art 15 Brussels IIa. The court therefore denied the possibility of a transfer to the French court and complied with the mother’s application.