PIL instrument(s)

Case number and/or case name

OLG Stuttgart, 25.10.2013 – 17 UF 189/13

Details of the court

Germany, Second Instance

Articles referred to by the court

Date of the judgement

24 October 2013

Appeal history

CJEU's case law cited by the court

Summary

The parties argued about the declaration of enforceability of a decision regarding maintenance claims. It was doubtful whether the declaration of enforceability had to be refused pursuant to Art. 34 (1) Maintenance Regulation. The court held that Art. 34 (1) Maintenance Regulation doesn’t allow to refuse a declaration of enforceability because of a lack of legitimate interest for legal protection. The judgment is correct. In the present case the applicant claimed that he already had fulfilled the liabilities stated in the decision on the maintenance claims. This however is no valid reason for the refusal of declaration of enforceability. The wording of Art. 34 (1) Maintenance Regulation clearly states that exclusively the reasons named in Art. 24 can serve for the refusal of declaration of enforceability.