EUPillar OLG Celle, 21.12.2015

Summary

The applicant was a German public authority providing the maintenance creditor with social-welfare benefits and subrogated to the creditor’s rights. The applicant had requested information about the income and assets of the creditor’s daughter, who lived in Switzerland, by means of cooperation between the designated Central Authorities of Germany and Switzerland. The first instance court had refused to forward the applicant's request to the German Central Authority. The second instance court held that the Maintenance Regulation was not applicable to the case at hand as Switzerland is not a member of the European Union, and instead, applied the United Nations Convention of 20 June 1956 on the Recovery Abroad of Maintenance in conjunction with §§ 1 et seqq. AUG (Auslandsunterhaltsgesetz; Foreign Maintenance Code). In addition, the court stated that, even if the Maintenance Regulation had been applicable, it would not have provided the applicant with the possibility to obtain an information injunction via the system of administrative cooperation between Central Authorities designated by the Members States because, according to Art. 56 (1) lit. c) in conjunction with 64 (1), (3) and (4) Maintenance Regulation, a public body claiming reimbursement for benefits provided in place of maintenance may only seek recognition or enforcement of a decision that has already been obtained by other means.