Case number and/or case name
OLG Bremen, 25.5.2012 – 4 UF 43/12
Details of the court
Germany, Second Instance
Articles referred to by the court
Date of the judgement
23 May 2012
CJEU's case law cited by the court
Summary
The youth welfare office has been appointed as a guardian for a 20 year old Liberian. The youth welfare office appealed against this decision. The first instance court rejected the appeal.
The Higher Regional Court stated that the international jurisdiction of German courts was to be assessed under Brussels IIa. German courts were internationally competent pursuant to Art 8 (1) as the person concerned had his habitual residence in Germany. The term ‘child’ within the provision was – according to the court – not to be understood as ‘minor’ within the Convention on the Protection of Minors. It was relevant how the Member State concerned assessed the question. The court stated that under Art 7 (1) sentence 1 EGBGB (German Code on PIL) the law of Liberia was relevant for the issue. Under Liberian law, children turned of age with 21. As the person concerned was 20 years old, the Brussels IIa Regulation applied to the case.