Case number and/or case name
OLG München, 12.1.2012 – 12 UF 48/12
Details of the court
Germany, Second Instance
Articles referred to by the court
Date of the judgement
11 January 2012
CJEU's case law cited by the court
Summary
The parties argued about the declaration of enforceability regarding an Austrian court’s judgment on maintenance. The first instance court had granted the declaration of enforceability referring to the Maintenance Regulation. The defendant appealed against this decision.
The court stated that the first instance correctly referred to the Maintenance Regulation as the application for enforcement had been made after 18/6/2011, Art 68 (1) Maintenance Regulation.
The first instance court’s decision had been correctly based on Art 30 Maintenance Regulation as it concerned claims regarding the period of time before the Hague Maintenance Protocol came into force. Regarding claims arising after 18 June 2011, the exequatur procedure was not necessary meaning that an immediate enforcement could be performed.
The court further stated that there were no justified objections against the enforcement under Art 34 (1) in connection with Art 24 Maintenance Regulation.