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Document 62010CN0491

Case C-491/10: Reference for a preliminary ruling from the Oberlandesgericht Celle (Germany) lodged on 15 October 2010 — Joseba Andoni Aguirre Zarraga v Simone Pelz

OJ C 346, 18.12.2010, p. 34–34 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

18.12.2010   

EN

Official Journal of the European Union

C 346/34

Reference for a preliminary ruling from the Oberlandesgericht Celle (Germany) lodged on 15 October 2010 — Joseba Andoni Aguirre Zarraga v Simone Pelz

(Case C-491/10)

()

2010/C 346/57

Language of the case: German

Referring court

Oberlandesgericht Celle

Parties to the main proceedings

Applicant: Joseba Andoni Aguirre Zarraga

Defendant: Simone Pelz

Questions referred

1.

Where the judgment to be enforced issued in the Member State of origin contains a serious infringement of fundamental rights, does the court of the Member State of enforcement exceptionally itself enjoy a power to examine the matter, pursuant to an interpretation of Article 42 of the Brussels IIa Regulation (1) in conformity with the Charter on Fundamental Rights?

2.

Is the court of the Member State of enforcement obliged to enforce notwithstanding the fact that, according to the case-file, the certificate issued by the court of the Member State of origin under Article 42 of the Brussels IIa Regulation is clearly inaccurate?

(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; OJ L 338, 23.12.2003, p. 1

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