EUPillar OLG Frankfurt, 11.1.2012

Summary

The dispute concerned the declaration of enforceability of a judgment on maintenance claims given by a Czech court. The first instance court had granted the enforcement. The second instance court confirmed this judgment. It stated that the exequatur proceeding generally has been abolished towards states bound by the Hague Maintenance Protocol, Art 17 Maintenance Regulation. However, the Protocol does not apply to claims concerning the period of time before it came into force, Art 22 Hague Maintenance Protocol. As the disputed foreign decision on maintenance concerned claims regarding the period before 11/6/2011, the court stated the requirement of an enforcement title under Art 26 Maintenance Regulation. The court then examined a potential violation of the ordre public with regard to three aspects. It first held that the Czech decision did not violate the ordre public solely in view of the fact that a serological paternity test has not been made. Second, the fact that a judgment confirming the paternity was not made also did not violate the ordre public. The court further stated that the determined amount of maintenance could not justify the violation of public policy. It therefore granted the enforcement.