Saarländisches Oberlandesgericht Saarbrücken; 2018-12-05; 5 U 23/18
Decision by national courts in the field of European Union law — ECLI:DE:OLGSL:2018:1205.5U23.18.00
Date: 2018-12-05
Subject matter: Judicial cooperation in civil matters
Origin: Germany

82018DE1205(51)_ENG_SUMJURE
JURE summary
JURE summary
The dispute concerns the international jurisdiction of national courts on which the Saarländischen Oberlandesgericht Saarbrücken (hereinafter ‘the Court of Appeal’) has ruled.
The case concerns a dispute between a defendant domiciled in Luxembourg and a plaintiff residing in Luxembourg.
The plaintiff acquired a condominium from the defendant through a notarised purchase agreement; at the time the property was affected with considerable debts. By way of an intentional act contrary to public policy and against a German notary, the defendant fraudulently obtained an enforceable copy of a title that was certified by the first notary. The plaintiff brought an action before the Landgericht Saarbrücken (hereinafter ‘the Court of First Instance’) for the inadmissibility of the enforcement and surrender of the title. The defendant challenged the international jurisdiction of the Court of First Instance.
In accordance with Article 7(2) of the Brussels I Regulation (recast) (1), the international jurisdiction of national courts is established at the place where the harmful event occurred or may occur within the national territory. The place where the harmful event occurred or may occur is the place where the damage occurred and where the action or omission giving rise to the damage occurred.
According to the plaintiff, the fact that the defendant obtained the enforcement order from a notary public within the jurisdiction of the Court of First Instance by way of intentional acts contrary to public policy means that the defendant can be sued before the Court of First Instance.
According to Article 826 of the BGB (2), a person who, in a manner contrary to public policy, intentionally inflicts damage on another person is liable to the other person to provide compensation for the damage. The plaintiff has a claim against the defendant for a declaration of inadmissibility of the enforcement and surrender of the title.
The Court of Appeal decided to dismiss the defendant’s appeal against the judgment of the Court of First Instance and to declare the appeal as inadmissible.
(1) Council Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
(2) Bürgerliches Gesetzbuch (German Civil Code).