Case number and/or case name
OLG Hamm, 14.6.2012 – II-4 UF 136/10
Details of the court
Germany, Second Instance
Articles referred to by the court
Brussels IIa
Article 3
Paragraph 1
SubParagraph a
Indent 1
Date of the judgement
13 July 2012
CJEU's case law cited by the court
Summary
The court held that the Brussels IIa Regulation’s temporal scope of application was given, Art 64 (1), 72 Brussels IIa. It further held that the international jurisdiction of German courts was given under Art 3 (1) (a) first indent Brussels IIa as both spouses were having their habitual residence in Germany. The divorce was governed by Iranian divorce law (Art 17 EGBGB – the Convention between Germany and Iran did not apply as the parties did not have the same citizenship).