OLG Karlsruhe; 2017-09-07; 18 WF 62/17
Decision by national courts in the field of European Union law — ECLI:DE:OLGKARL:2017:0907.18WF62.17.00
Date: 2017-09-07
Subject matter: Judicial cooperation in civil matters
Origin: Germany

82017DE0907(51)_ENG_SUMJURE
JURE summary
JURE summary
The case decided by the Oberlandesgericht Karlsruhe (hereinafter ‘the Court of Appeal’) concerned the topic of full legal age and the cancelation of the guardianship of a Guinean citizen with a habitual residence in Germany.
The guardianship was established by a resolution of the Amtsgericht Lörrach (hereinafter ‘the Court of First Instance’) from 9 February 2016 which appointed … to be the guardian. The Youth welfare office (Jugendamt) asked to be provided with information concerning whether the adulthood of the respective person, and thus also the end of the guardianship, would be reached upon reaching 18 or 21 years of age under the laws of Guinea. In its resolution from 7 March 2017, the Court of First Instance subsequently stated that the guardianship had terminated because the ward had reached adulthood. The plaintiff filed an objection against this resolution.
Article 8(1) of the new Brussels II Regulation (1) stipulates that the courts of a Member State shall have jurisdiction regarding the termination of a guardianship over a child who is habitually resident in that Member State at the time the court is seised.
When determining the applicable law regarding the termination of the guardianship ordered by court, the respective provision of the EGBGB (2) must be taken into account. Under Article 24(1) EGBGB, the applicable law is the law of the country whose citizen the ward is. Under both German and Guinean law, guardianship is terminated upon the ward reaching the 18th year of age. The question of when a person is of minor legal age is under Article 7(1) EGBGB to be determined according to the laws of the country which the ward is citizen of. In this case, the law of Guinea was applicable. Under the laws of Guinea, adulthood begins upon reaching the 21st year of age.
The Court of Appeal cancelled the challenged resolution from 7 March 2017 citing that the termination of guardianship may by terminated only upon reaching adulthood which in this case meant reaching 21 years. As a result, the guardianship ordered by the resolution from 9 February 2016 continued.
(1) Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000.347/2000.
(2) Einführungsgesetz zum Bürgerlichen Gesetzbuche (Introductory Act to the Civil Code).