OLG Düsseldorf; 2018-12-18; I-3 W 149/18
Decision by national courts in the field of European Union law — ECLI:DE:OLGD:2018:1218.3W149.18.00
Date: 2018-12-18
Subject matter: Judicial cooperation in civil matters;Lugano Convention
Origin: Germany

82018DE1218(51)_ENG_SUMJURE
JURE summary
JURE summary
The present case, which was examined and rejected by the Oberlandesgericht Düsseldorf (hereinafter ‘the Court of Appeal’) on 18 December 2018, concerns a dispute between two persons in which the defendant was obliged by the Kantonsgericht des Kantons A. in Switzerland (hereinafter ‘the Court of First Instance in Switzerland’) on 29 March 2018 to pay the applicant 100 000 € (debt assumption for a loan) plus an 18% annual interest rate from 07 February 2014. The Swiss Court reduced the originally claimed interest rates by more than 3% a month and monthly default interest rates of 4% up to a maximum interest of 18% annually (1.5% a month). On 18 May 2018, the applicant applied for declaration of enforceability of the decision of the Court of First Instance in Switzerland. After the Court of Appeal granted this application, the defendant made an appeal on 04 July 2018 on the grounds that the reaffirmation of the 18% interest is contrary to the German ordre public and illegal according to German law.
The appeals submitted were considered admissible pursuant to Article 43(1) and (2) and Article (5)(1) of the New Lugano Convention (1), Section 55(2)(1)(1) of the law on the recognition and enforcement (2). The Court of Appeal examined and assessed whether the decision of the Court of First Instance in Switzerland was justified for territory of the Federal Republic of Germany and whether there are additional reasons that would all for the refusal of the declaration of enforceability. The Court of Appeal observed that the appeal of the defendant remained unsuccessful, since the declaration of enforceability of the decision of the Court of First Instance in Switzerland is justified for the territory of the Federal Republic of Germany. The interest rate of 18% would only be assessed as illegal in the event of special circumstance which may deem this interest rate as usurious (Article 45 of the New Lugano Convention). The Oberlandesgericht Düsseldorf ruled that the appeal of the defendant was unfounded and upheld the decision of the Swiss court.
(1) Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
(2) Anerkennungs- und Vollstreckungsausführungsgesetz (Recognition and Enforcement Act).