PIL instrument(s)

Case number and/or case name

OLG Karlsruhe, 12.11.2013 – 5 UF 139/11

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

It was doubtful whether German courts had international jurisdiction in the present child abduction proceeding. The court held that apart from Art. 20 (1) Brussels IIbis the international jurisdiction for provisional measures in cases of child abduction could be solely derived from the jurisdiction in the main proceedings. The judgment is correct. It is in accord with the CJEU jurisdiction in C-523/07.