Case number and/or case name
OLG Stuttgart, 13.10.2014 – 5 W 26/14
Details of the court
Germany, Second Instance
Articles referred to by the court
Date of the judgement
12 October 2014
CJEU's case law cited by the court
Summary
The parties argued about the declaration of enforceability of a Czech court that had been granted by the first instance court in Germany.
The second instance court denied the enforceability by stating that the applicant had not been heard in the proceedings before the Czech court. The court had based its decision on the documents that reflected a stadium in the proceedings in which the applicant had not had the chance to defend himself.
Therefore the second instance court in Germany denied the enforceability pursuant to Art 34 no 2 Brussels I.