Case number and/or case name
OLG Stuttgart, 22.1.2007 – 17 UF 65/07
Details of the court
Germany, Second Instance
Articles referred to by the court
Brussels IIa
Article 3
Paragraph 1
SubParagraph a
Indent 1
Date of the judgement
21 October 2007
CJEU's case law cited by the court
Summary
The court corrected the first instance court’s decision regarding the international jurisdiction. The first instance court had missed to apply the Brussels IIa Regulation but had based its jurisdiction on national law (§606a ZPO).
The Higher Regional Court stated that German courts had the international jurisdiction pursuant to Art 3 (1) (a) first indent Brussels IIa as the parties had their residence in Germany.