PIL instrument(s)

Case number and/or case name

OLG Stuttgart, 5.11.2013 – 5 W 13/13

Details of the court

Germany, Second Instance

Articles referred to by the court

Date of the judgement

04 November 2013

Appeal history

CJEU's case law cited by the court

Summary

The parties argued about the declaration of enforceability of an Austrian judgment. It was doubtful whether the declaration had to be refused pursuant to Art. 45 Brussels I. The court held that the claim of an infringement of public policy within the meaning of Art. 34 no. 1 wasn’t justified if the defendant had become aware of the default judgment only when confronted with the proceedings on the declaration of its enforceability and if it had been possible for him to arrange for his defense in the first state. Further, the prohibition of a révision au found pursuant to Art. 45 (2) Brussels I extended to the case that the title of the first state has been obtained by fraud, but the defendant didn’t participate in proceedings by showing no reaction to the court granting the default judgment and because of this conduct the fraud didn’t reveal at the point of decision making. Thirdly, the court stated that in the proceedings of declaration of enforceability the objection saying that the claim has already been met couldn’t be considered. The judgment is in accordance with settled case law and therefore is correct.