Case number and/or case name
Saarl. OLG, 5.11.2010 – 9 UF 112/10
Details of the court
Germany, Second Instance
Articles referred to by the court
Date of the judgement
04 November 2010
CJEU's case law cited by the court
Summary
Child abduction proceedings. The first instance court stated that the Hague Convention on Child Abduction did not apply to the case. In any case, the prerequisites of Art. 12, 3 Convention were not given.
The Higher Regional Court contested this decision. It held that the mother’s application for the return of the child fell within the Hague Convention in connection with Art. 11 Brussels IIa. As the child was only 14 months old, the court did not hear the child.