Case number and/or case name
OLG Sachsen-Anhalt, 19.5.2011 – 8 UF 73/11
Details of the court
Germany, Second Instance
Articles referred to by the court
Date of the judgement
18 May 2011
CJEU's case law cited by the court
Summary
The first instance court judgment on the parental responsibility has been delivered to the mother only in March 2011. The second instance was charged with the mother’s immediate appeal against this decision. In view of the provisional measure’s that had been undertaken by the first instance court in 2003, the Higher Regional Court held that the German courts had the international jurisdiction under Art 20 (1) Brussels IIa. It did not make further explanations on this asumption. It is further not entirely clear how the court derived the applicability of German law.