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CJEU Case C-403/09 PPU / Judgment

Jasna Detiček v Maurizio Sgueglia

Policy area:
Education, training, youth, sport
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Court (Third Chamber)
Type:
Decision
Decision date:
23/12/2009

Key facts of the case:

Judicial cooperation in civil matters – Matrimonial matters and matters of parental responsibility – Regulation (EC) No 2201/2003 – Provisional measures concerning custody – Decision enforceable in a Member State – Wrongful removal of the child – Other Member State – Other court – Custody of the child granted to the other parent – Jurisdiction – Urgent preliminary ruling procedure.

Outcome of the case:

On those grounds, the Court (Third Chamber) hereby rules:

Article 20 of 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, must be interpreted as not allowing, in circumstances such as those of the main proceedings, a court of a Member State to take a provisional measure in matters of parental responsibility granting custody of a child who is in the territory of that Member State to one parent, where a court of another Member State, which has jurisdiction under that regulation as to the substance of the dispute relating to custody of the child, has already delivered a judgment provisionally giving custody of the child to the other parent, and that judgment has been declared enforceable in the territory of the former Member State.