Case number and/or case name
BGH, 15.5.2014 – IX ZB 26/13
Details of the court
Germany, Third Instance
Articles referred to by the court
Date of the judgement
14 May 2014
CJEU's case law cited by the court
Summary
The parties argued about the declaration of enforceability of a Polish court that had been declared enforceable by the first instance and second instance court in Germany.
The Federal Court of Justice confirmed these judgments. It stated that there were no violations of Art 34 no 1 or no 2 Brussels I. The requirements of no 1 were not given as the defendant had actually made use of the possibility to appeal against the default judgment.
A potential fraud within the proceedings in the foreign state could further not hinder the declaration of enforceability under Art 34 no 2 if the defendant had used means of defense that were suitable to detect the alleged fraud.