Case number and/or case name
OLG Zweibrücken, 10.3.2006 – 6 WF 41/06
Details of the court
Germany, Second Instance
Articles referred to by the court
Brussels IIa
Article 3
Paragraph 1
SubParagraph a
Indent 2
Date of the judgement
09 March 2006
CJEU's case law cited by the court
Summary
The court stated that the first instance court had wrongly denied the international jurisdiction of German courts by referring to the lacking requirements of the correspondent German provision (§ 606a ZPO). The Higher Regional Court found that the Brussels IIa Regulation applied to the case. German courts were therefore internationally competent pursuant to Art 3 (1) 2nd indent Brussels IIa. The court however stated that the proceedings have to be stayed pursuant to Art 19 (1) Brussels IIa given the fact that there were proceedings already pending before Polish courts. In this regard, the Higher Regional Court had to clarify that Art 19 (1) Brussels IIa preceded the correspondent national rule (§261 (3) no 1 ZPO).