PIL instrument(s)
Brussels I
Maintenance Regulation
Case number and/or case name
OLG Frankfurt, 15.3.2012 – 1 UFH 7/12
Details of the court
Germany, Second Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 2
Maintenance Regulation
Article 3
Paragraph a
Paragraph b
Date of the judgement
14 March 2012
Appeal history
None
CJEU's case law cited by the court
None
Summary
The court had to decide whether the first instance court had correctly transferred a proceeding to another first instance court. The court stated that the concentration of jurisdiction established by § 28 AUG (German law on Foreign Maintenance) applied to Art 5 no 2 Brussels I, too. This was valid even with regard to the wording of the rule that solely referred to Art 3 a, b Maintenance Regulation. This reading is in accordance with the documents on the legislative history as well as with the ratio behind the provision.

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