PIL instrument(s)

Case number and/or case name

OLG Karlsruhe, 12.11.2013 – 5 UF 140/11

Details of the court

Germany, Second Instance

Articles referred to by the court

Date of the judgement

11 November 2013

Appeal history

CJEU's case law cited by the court

Summary

The parties argued about the parental responsibility. It was doubtful whether German courts had international competence under Brussels IIbis. The mother had moved to Switzerland with the child after the father had submitted the application regarding parental responsibility to the court. The first instance court denied the international jurisdiction of German courts. The court held that German courts weren’t internationally competent because Art. 8 (1) Brussels IIbis that could establish the German courts’ jurisdiction in the present case wasn’t applicable. Art. 5 of the Hague Convention on parental responsibility and protection of children applied to the present case. Therefore Swiss courts were internationally competent. The judgment is correct. Art. 8 Brussels IIbis pursuant to Art. 61 (1) (a) Brussels IIbis precedes Art. 5 of the Hague Convention solely given the case that the child is habitually resident in a Member State. In the present case the child however had established a new habitual residence in Switzerland.