Case number and/or case name
KG, 2.3.2015 – 3 UF 156/14
Details of the court
Germany, Second Instance
Articles referred to by the court
Date of the judgement
01 March 2015
CJEU's case law cited by the court
Summary
The parties argued about the parental responsibility of their daughter. The first instance court had denied the international jurisdiction of German courts as the mother during the proceeding had moved to Russia.
The court confirmed this decision. It held that the first instance court correctly applied Art 5 of the Convention on the protection of children (KSÜ). Pursuant to Art 8 (1) Brussels IIa contained – according to the court – the principle of perpetuatio fori, but this principle solely applied towards Member States. Regarding non Member States as Russia, state treaties were to be applied with priority. In the actual case this was – pursuant to Art 61 (a) Brussels IIa – the convenvtion on the protection of children.