Case number and/or case name
OLG Oldenburg, 26.7.2012 – 4 WF 82/12
Details of the court
Germany, Second Instance
Articles referred to by the court
Brussels IIa
Article 3
Paragraph 1
SubParagraph b
Date of the judgement
25 July 2012
CJEU's case law cited by the court
Summary
The decision concerned an appeal against an interim decision made by the first instance court (family court) in Germany. The family court had declared that German courts had the international jurisdiction.
The Higher Regional Court held that this decision could be appealed against under § 113 (1) sentence 2 FamFG, § 280 (2) ZPO. He stated that the international jurisdiction was given pursuant to Art 3 (1) (b) Brussels I as both parties were German. It further held that the venues offered in Art 3 Brussels IIa did not follow a priority order but were of the same rank.