OLG München; 2015-11-16; 34 Wx 314/15
Decision by national courts in the field of European Union law — ECLI:DE:OLGMUEN:2015:1116.34WX314.15.0A
Date: 2015-11-16
Subject matter: Judicial cooperation in civil matters
Origin: Germany

82015DE1116(51)_ENG_SUMJURE
JURE summary
JURE summary
A private limited company domiciled in and existing under the laws of Italy (hereinafter ‘the plaintiff’) applied for a debt-securing mortgage to be registered in relation to a plot of land of a private person in Germany (hereinafter ‘the defendant’).
Through a writ of attachment issued by an Italian court, the plaintiff was entitled to apply the attachment up to the amount of EUR 1,000,000 to movables, immovables, tangible and intangible values or financial claims of the defendant. This resolution had been declared enforceable in Germany.
The Amtsgericht München, in its capacity as the Land registry office, rejected the application for registration.
The complaint of the defendant lodged with the Oberlandesgericht München (hereinafter ‘the Court of Appeal’) was admissible, but not successful. The Court of Appeal stated that the registration was prevented due to the expiration of the enforcement period of 1 month under Article 929(2) ZPO (1). It further claimed that the enforceability of a foreign decision under Brussels I Regulation (2) had the same content as the relevant domestic legal instrument, the writ of seizure (Arrestbeschluss). The enforcement itself was therefore subject to German lex fori and the period of time set out in Article 929(2) of the ZPO was also to be applied to the enforcement of the Italian judgment.
The Court of Appeal dismissed the objection of the plaintiff against the resolution of the Court of First Instance.
(1) Zivilprozessordnung (Code of Civil Procedure).
(2) Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.