PIL instrument(s)
Maintenance Regulation
Hague Maintenance Protocol
Case number and/or case name
OLG Celle, 13.4.2012 – 10 UF 22/12
Details of the court
Germany, Second Instance
Articles referred to by the court
Hague Maintenance Protocol
Date of the judgement
12 April 2012
CJEU's case law cited by the court
Summary
The parties argued about maintenance claims. The court had to examine the temporal applicability of the Maintenance Protocol.
It first stated that the first instance court had correctly assumed its international jurisdiction pursuant to Art 3 (b) Maintenance Regulation. It further held that the Maintenance Protocol did not apply to maintenance proceedings that concern claims regarding a period of time before the Protocol’s provisions came into force, Art 22 Maintenance Protocol. Regarding the disputed claims, the court applied German law under Art 3 (1).