PIL instrument(s)
Maintenance Regulation
Case number and/or case name
OLG Düsseldorf, 25.04.2012 - II-8 UF 59/12
Details of the court
Germany, Second Instance
Articles referred to by the court
Maintenance Regulation
Article 3
Paragraph a
Paragraph b
Paragraph c
Paragraph d
Article 5
Article 8
Paragraph 1
Paragraph 2 SubParagraph a
Paragraph 2 SubParagraph b
Paragraph 2 SubParagraph c
Paragraph 2 SubParagraph d
Article 10
Article 75
Paragraph 1
Paragraph 2 SubParagraph a
Paragraph 2 SubParagraph b
Paragraph 3
Date of the judgement
24 April 2012
Appeal history
None
CJEU's case law cited by the court
None
Summary
The plaintiff is a German citizen living in Germany. The defendant is a German citizen living in Spain. The plaintiff sues for a modification of his maintenance obligations. The court, however, declined its jurisdiction. The court is not competent to hear the claim under Art. 3 Maintenance regulation because the defendant has its habitual residence in Spain. Moreover, it is also not competent to hear the claim under Art. 8 and Art. 5 Maintenance Regulation.

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