OLG Düsseldorf; 2017-03-30; I-3 W 250/16
Decision by national courts in the field of European Union law — ECLI:DE:OLGD:2017:0330.I3W250.16.00
Date: 2017-03-30
Subject matter: Judicial cooperation in civil matters
Origin: Germany

82017DE0330(52)_ENG_SUMJURE
JURE summary
JURE summary
The dispute concerns the declaration of enforceability of a Finnish judgment and the modification of the enforcement order following the opening of bankruptcy proceedings in Finland against the plaintiff's assets on which the Oberlandesgericht Düsseldorf (hereinafter ‘the Court of Appeal’) ruled.
The plaintiff had sued the defendant in Finland for damages resulting from a breach of contract. As requested, the court of first instance in Helsinki ruled on the defendant in a judgment dated 8 January 2010. The defendant’s appeal was rejected by the Court of Appeal of Helsinki. By order of a Finnish District Court dated 28 June 2012, bankruptcy proceedings were initiated against the plaintiff's assets. M. S., a lawyer mentioned in the local judgment, was appointed as the trustee in bankruptcy.
The plaintiff filed an application for a declaration of enforceability of the judgment of the Court of Appeal in Finland. In doing so, he submitted an enforceable copy of the appeal judgment and a certificate pursuant to Article 54 of the Brussels I Regulation (1) but omitted the declaration of bankruptcy. The enforcement order in favour of the plaintiff was granted on 4 February 2016 by the Landgericht Düsseldorf (hereinafter ‘the Court of First Instance’). The defendant lodged an appeal against this court order, arguing that the plaintiff was not entitled to file an application because he was no longer authorised to file an application for a declaration of enforceability in his own name after bankruptcy proceedings had been initiated.
The court of appeal takes the view that the change of legal responsibility from the company to the independent legal entity of the bankruptcy estate cannot be viewed otherwise than as legal succession under German law. The consideration of legal succession in proceedings for a declaration of enforceability does not violate the character and function of such proceedings. An enforcement order on the declaration of enforceability of a Finnish judgment must be amended after bankruptcy proceedings have been instituted against the plaintiff's assets in such a way that the order is issued in favour of the bankruptcy estate and represented by the trustee in bankruptcy.
Subsequently, the declaration of enforceability may be refused or revoked by the Court of Appeal in accordance with the first sentence of Article 45(1) of the Brussels I Regulation only on one of the grounds listed in Articles 34 and 35 of the Brussels I Regulation. Such a reason is not present and is not asserted by the defendant.
The Court of Appeal decided to partially modify the contested decision so that the judgment should be accompanied by an enforcement order in favour of the bankruptcy estate, represented by lawyer M. S., resident in Helsinki as the trustee in bankruptcy, and otherwise dismissed the appeal.
(1) Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.