PIL instrument(s)

Case number and/or case name

OLG Frankfurt, 16.1.2006 – 1 UF 40/04

Details of the court

Germany, Second Instance

Articles referred to by the court

Date of the judgement

15 January 2006

Appeal history

CJEU's case law cited by the court

Summary

The parties argued about the recognition of a decision made by a Mufti in Greece. The court first referred to the divorce decision that was also made by the Mufti. It stated that divorce proceedings before a Mufti could not be considered as proceedings before a state court within the meaning of Brussels IIa and the preceding Regulation (No. 1374/2000). This was also valid if the Mufti’s decision was declared enforceable before a Greek court given the fact that this declaration did not contain an examination of the decision’s content. Regarding the parental responsibility, the court held that the decision could not be recognised. The children have not been heard in the proceedings in Greece. Therefore, Art 23 (1) (b) Brussels IIa and Art 15 (2) (b) Regulation No. 1374/200 applied to the case.