OLG Düsseldorf; 2016-06-16; II-5 UF 81/16
Decision by national courts in the field of European Union law — ECLI:DE:OLGD:2016:0616.5UF81.16.00
Date: 2016-06-16
Subject matter: Judicial cooperation in civil matters
Origin: Germany

82016DE0616(51)_ENG_SUMJURE
JURE summary
JURE summary
The Amtsgericht Solingen (hereinafter ‘the Court of First Instance’) dealt with a divorce of two German citizens (hereinafter ‘the plaintiff’ and ‘the defendant’) and carried out the respective pension rights adjustment (Versorgungsausgleich).
Within the marriage, the plaintiff acquired, among other things, pension rights (Versorgungsrechte) with the A life insurance company A AG (hereinafter ‘the life insurance company’) connected to a fund-linked private pension insurance with the savings contributions being mostly invested in fund shares.
The entitlement of the plaintiff regarding the life insurance company was determined by the Court of First Instance to amount to EUR 4_492.38 and the life insurance company was ordered to pay this amount to the plaintiff including interest of 2.25 % for the period from 1 February 2013 to the final legal force of its decision.
The life insurance company filed an appeal with the Oberlandesgericht Düsseldorf (hereinafter ‘the Court of Appeal’) against this decision claiming that the compensation value (Ausgleichswert) of the respective fund-linked private pension insurance was not subject to any interest. The appeal was successful.
The international jurisdiction of the German courts follows from Article 3(1)(a) second indent of the New Brussels II Regulation (1).
As the Federal Court of Justice decided in a previous case, the principal amount which the insurance company of the person who is obliged to pay the compensation within the external division (externe Teilung) has to pay to the insurance company of the person entitled to receive the compensation, is not subject to any kind of interest rate if the claim to be compensated is part of a fund-linked company pension scheme (betriebliche Altersversorgung). In addition, Article 244(1) FamFG (2) stipulates that interest on maturity and default interest do not apply until the decision has become finally effective due to the fact that, within the external separation process, the claim for compensation arises only as of that moment.
Based on the appeal of the life insurance company, the Court of Appeal modified the decision of the Court of First Instance accordingly.
(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.
(2) Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (Act on proceedings in family matters and in matters of non-contentious jurisdiction).