PIL instrument(s)
Brussels IIa
Case number and/or case name
OLG Düsseldorf, 4.3.2008 – II-1 UF 18/08
Details of the court
Germany, Second Instance
Articles referred to by the court
Brussels IIa
Article 2
Paragraph 11 SubParagraph a
Paragraph 11 SubParagraph b
Article 11
Paragraph 1
Date of the judgement
03 March 2008
Appeal history
None
CJEU's case law cited by the court
None
Summary
The first instance court in Germany ordered the return of the children to Finland. The applicant appealed against this decision. The second instance court held that the decision was correct. The requirements of an order for return pursuant to Art 11 (1) Brussels IIa in connection with Art 12 Hague convention on child abduction were fulfilled. The rights of custody protected by Art 2 no 11 Brussels IIa under foreign (here Finnish) law existing rights of custody that were exercised together.

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