OLG Düsseldorf; 2019-02-19; 3 W 174/18
Decision by national courts in the field of European Union law — ECLI:DE:OLGD:2019:0219:3W174.18.00
Date: 2019-02-19
Subject matter: Judicial cooperation in civil matters
Origin: Germany

82019DE0219(51)_ENG_SUMJURE
JURE summary
JURE summary
A plaintiff (hereinafter ‘the plaintiff’) requested the enforcement of a civil judgement issued by the Pascani District Court (Romania) against the defendant (hereinafter ‘the defendant’), who was obliged to pay EUR 15 000 to the plaintiff.
The judgment of the Romanian court of 18 June 2010 is legally binding and definitive.
The Landgericht Düsseldorf (hereinafter ‘the Court of First Instance’) declared the judgment enforceable, as requested.
Contrary to the order of the Court of First Instance, the defendant made an appeal to the Oberlandesgericht Düsseldorf (hereinafter ‘the Court of Appeal’) and claims the right to enforcement is statute-barred.
The regulations of Article 38ff of the Brussels I Regulation (1) are applicable in the present case for the enforcement of a judgement from another Member State in Germany.
The foreign decision may not be reviewed as to its substance. However, the Court of Appeal must verify that the right has not expired. In accordance with the Romanian code of civil procedure, a general limitation period is three years.
The plaintiff sought the enforcement of the Romanian judgement in question. The plaintiff presented the seizure notice of the bailiff in Romania to the Court of Appeal on 3 July 2013. The limitation period started to run again from this date and expired on 3 July 2016.
The Court of Appeal modified the order of the Court of First Instance and rejected the application of the plaintiff for enforcement of the Romanian judgement.
(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.