Hanseatisches Oberlandesgericht in Bremen; 2016-10-17; 4 UF 99/16
Decision by national courts in the field of European Union law — ECLI:DE:OLGHB:2016:1017.4UF99.16.0A
Date: 2016-10-17
Subject matter: Judicial cooperation in civil matters
Origin: Germany

82016DE1017(52)_ENG_SUMJURE
JURE summary
JURE summary
The case dealt with by the Hanseatisches Oberlandesgericht in Bremen (hereinafter ‘the Court of Appeal’) concerned the preconditions for a modification of foreign maintenance titles by the German courts, the capability of a title to be recognised in the domestic territory and the applicable substantial law.
The plaintiff was the biological father of the defendant. The plaintiff and the mother of the defendant were divorced by a decision of a Polish court. The plaintiff requested that the polish judgment which also ordered the plaintiff to pay the defendant a monthly maintenance of EUR 160 to the defendant’s mother be modified.
The Amtsgericht Bremen (hereinafter ‘the Court of First Instance’) decided on 8 July 2016 in favour of the application and determined the value of the proceedings to amount to EUR 1,920. The plaintiff objected to the determination of the amount by a letter from 19 July 2016.
The international jurisdiction for proceedings regarding the modification of a title relating to child maintenance was to be determined under Council Regulation (EC) No 4/2009 (1). The case also contained a foreign element due to the Polish citizenship of both parents. The concrete jurisdiction of the Court of First Instance with respect to this case followed from Article 3(a)and(b) of the Council Regulation (EC) No 4/2009 as the defendant had its habitual residence in Bremen.
Generally, the German courts may modify foreign decisions regarding maintenance payments provided that such decision had been or could be recognised in Germany. Under Article 23 of the Council Regulation (EC) No 4/2009, a decision made by a Polish court was to be recognised automatically.
As a matter of principle, foreign maintenance decisions could be modified while respecting the basis of the original decision. Therefore, foreign substantial law would be applicable for a possible modification and a new determination of the maintenance provided that the person entitled to receive the maintenance had not changed residence since the issuance of the original ruling. In this case, it meant that the applicable law was Polish maintenance law. Under the application of Polish law, there was no need evident to modify the initial decision. The Court of Appeal found that the Court of First Instance was correct to set the amount at EUR 1,920 (EUR 160 x 12 months).
The Court of Appeal dismissed the appeal of the plaintiff.
(1) Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations.