PIL instrument(s)
Brussels IIa
Case number and/or case name
AG Leverkusen, 10.8.2006 – 33 F 222/05
Details of the court
Germany, First Instance
Articles referred to by the court
Brussels IIa
Article 1
Paragraph 2 SubParagraph a
Article 2
Paragraph 7
Article 8
Paragraph 1
Article 9
Paragraph 1
Date of the judgement
09 August 2006
Appeal history
None
CJEU's case law cited by the court
None
Summary
The applicant claimed for the readjustment of the rights of access which had been regulated by a Finnish court’s judgment. The German court stated that the Brussels IIa Regulation applied to the case as the application for a modification of the regulation on the rights of access concerned a proceeding of parental responsibility. The court discussed the scope of application of Brussels IIa thoroughly. It held that German courts had the international jurisdiction under Art 8 (1) as the child had his habitual residence in Germany. Art 9 (1) did not apply to the case as the time of three months had already been exceeded.

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