PIL instrument(s)

Case number and/or case name

OLG Hamm, 30.1.2013 – 31 W 52/12

Details of the court

Germany, Second Instance

Articles referred to by the court

Date of the judgement

29 January 2013

Appeal history

CJEU's case law cited by the court

Summary

The parties argued about the deletion of a right on immovable property. The defendant had brought a negative declaratory action before an Italian court against two others, including a party being seated in Italy which hasn’t occurred in the dispute between plaintiff and defendant until that point of time. It was doubtful whether the German court was obliged to stay the German proceedings pursuant to Art. 27 (1) Brussels I. The court held that Art. 27 (1) Brussels I didn’t apply to the present case because the proceedings in Italy and Germany didn’t concern the same cause of action. The court assumed that the first proceeding in Italy had solely been initiated in order to establish a venue pursuant to Art. 6 no. 1 Brussels I and in order to oblige other Member State’s courts to stay the proceedings according to Art. 27 (1) Brussels I. This however couldn’t justify the application of Art. 27. The judgment is not correct. Generally, the obligation to stay proceedings resulting from Art. 27 (1) Brussels I can’t be refused by stating abusive intentions of a party.