Hanseatisches Oberlandesgericht in Bremen; 2017-02-07; 5 UF 99/16
Decision by national courts in the field of European Union law — ECLI:DE:OLGHB:2017:0207.5UF99.16.0A
Date: 2017-02-07
Subject matter: Judicial cooperation in civil matters
Origin: Germany

82017DE0207(51)_ENG_SUMJURE
JURE summary
JURE summary
The Oberlandesgericht in Bremen (hereinafter ‘the Court of Appeal’) dealt with a case concerning the termination of a guardianship.
The subject matter of the case was a dispute between the Amtsgericht Bremen (hereinafter ‘the Court of First Instance’) and the Amt für Soziale Dienste – Fachdienst Amtsvormundschaft (Social Services Office – Special service for official guardianship) (hereinafter ‘the plaintiff’).
The Court of First Instance established by its resolution from 16 April 2014 the suspension of parental custody for A. born in Gambia in 1997 who entered the Federal Republic of Germany unaccompanied in February 2014 and who is a national of Gambia. At the same time, it appointed the plaintiff to be the guardian of this person. A. has her habitual place of residence in Germany. The plaintiff asked the Court of First Instance on 10th February 2016 to be relieved from the guardianship, claiming that the guardianship terminated upon A reaching her 18th year of age. The Court of First Instance rejected this application claiming that the guardianship would terminate on 13 January 2018 because full legal age would arise in Gambia only upon reaching 21st year of age.
Under Article 8(1) of the new Brussels II Regulation (1) German courts have international jurisdiction for this case. Under Article 1(2)(b) of the new Brussels II Regulation, the jurisdiction of German courts also extends to guardianship so that a guardian may be appointed for a child with its habitual place of residence in Germany.
As a matter of principle, the full legal age should be considered according to the laws of Gambia in this case. Article 24(1)(1) of the EGBGB (2) provides that for the purpose of termination of the guardianship, the full legal age is to considered according to the laws of the country, whose national the ward is.
Within its inquires, the Court of Appeal was not able to determine with sufficient certainty what age had to be reached in Gambia in order for the person to have full legal age.
Even though that, in the overall picture, the Court of Appeal thought that is was more likely that full legal ache is reached in Gambia upon the completion of 18th rather than 21st year of age, it could not reach any final certain conclusion. As a result, reaching the full legal age of the person in question has to be alternatively determined according to the laws of Germany.
According to the German law, namely Article 2 of the BGB (3), full legal age begins at the age of eighteen. The guardianship of the plaintiff regarding the person in question was terminated upon her reaching her 18th year of age.
(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) Einführungsgesetz zum Bürgerlichen Gesetzbuche (Introductory Act to the Civil Code).
(3) Bürgerliches Gesetzbuch (German Civil Code).