PIL instrument(s)

Case number and/or case name

OLG Düsseldorf, 20.11.2014 – I-3 W 208/13

Details of the court

Germany, Second Instance

Articles referred to by the court

Date of the judgement

19 November 2014

Appeal history

CJEU's case law cited by the court

Summary

The parties argued about the declaration of enforceability. The court had to examine the grounds for refusal under Art 34 Brussels I. The appeal had claimed that the sum granted by the foreign court’s judgment was too high. The German court held that this submission was inadmissible as the foreign judgment could not be examined as to its substance, Art 36 Brussels I. The court further stated that there was no differentiation between so called ‘liquid’ and ‘illiquid’ defences within the enforcement proceedings. It referred to a judgment of the Federal Court of Justice (IX ZB 87/11 concerning the Insolvency Regulation) which took into account the CJEU judgment in Prism, C-139/10. Liquid defences could not be considered within the exequatur proceedings as they belonged to the execution proceeding. These two aspects should be separated clearly. Therefore, the court granted the declaration of enforceability.