The claimant has lodged an application at the LG Bielefeld for a European Account Preservation Order according to Regulation (EU) No 655/2014. The LG has declined jurisdiction and referred the matter to the AG Berlin-Wedding. The AG Wedding also declined jurisdiction and referred the case with the application for determination of the competent court to the OLG Hamm.
In the view of the OLG Hamm, the European order for payment issued by AG Berlin-Wedding is a “judgment” within the meaning of Art. 4 No. 8 EAPO and not an “authentic instrument” within the meaning of Art. 4 No. 10 EAPO. Therefore, § 946(2) ZPO was not relevant. A case that deals with a title created by a court, fell under the jurisdiction of the court of the main case in accordance with § 946(1) ZPO - in the present case of the LG Bielefeld.
The order of the LG Bielefeld to transfer the action did not provide otherwise according to § 281 ZPO. If there was no indication that the LG Bielefeld dealt with the elements, which are obviously responsible for its jurisdiction, there was also no room for the binding effect of the substantially incorrect transfer of the action according to § 281(2) sentence 4 ZPO.