Case number and/or case name
OLG Celle, 24.5.2007 – 17 UF 72/07
Details of the court
Germany, Second Instance
Articles referred to by the court
Brussels IIa
Article 2
Paragraph 11
SubParagraph a
Article 40
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Date of the judgement
23 May 2007
CJEU's case law cited by the court
Summary
Child abduction proceedings. The first instance court in Germany had decided that the mother was obliged to bring the children back to Italy. The court held that there was no violation of custody and referred to Art 12, 3 Hague Convention of Child Abduction and Art 2 no 11 Brussels IIa. When the mother moved to Germany with the children, she exclusively exercised the parental responsibility. The court further stated that the requirements of Art 42 Brussels IIa were not given as the order made by the first instance court could not be considered as a decision within the meaning of the provision. Art 42 solely applied to decisions falling under Art 40 (1) (b) Brussels IIa.