PIL instrument(s)
Brussels I
Case number and/or case name
BGH, 10. 11. 2010 – XII ZR 37/09
Details of the court
Germany, Third Instance
Articles referred to by the court
Brussels I
Article 33
Paragraph 1
Paragraph 2
Paragraph 3
Article 34
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Article 35
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
09 November 2010
Appeal history
None
CJEU's case law cited by the court
None
Summary
The plaintiff is a German citizen and the defendant is an Austrian citizen. They are parents of one son who was born in Austria. The plaintiff now sues for maintenance. The court stated that the enforcement of a maintenance judgement in Austria is determined under the Brussels I regulation. Under Art. 33 Brussels I judgements are recognized in foreign Member States. Enforcement can only be refused under Artt. 34, 35 Brussels I, however, there are no such grounds for refusal in the present case. A maintenance judgment under Art. 1615l of the german civil code (BGB) does not violate Austrian ordre public.

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