Višje sodišče v Ljubljani; 2022-06-15; IV Cp 930/2022
Decision by national courts in the field of European Union law — ECLI:SI:VSLJ:2022:IV.CP.930.2022
Date: 2022-06-15
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82022SI0615(51)_ENG_SUMJURE
JURE summary
JURE summary
The scope of the rules on jurisdiction set out in the new Brussels II Regulation (1) varies depending on the wording of each individual article. Article 10 of the new Brussels II Regulation, which concerns jurisdiction in cases of child abduction, provides that ‘in case of wrongful removal or retention of the child, the courts of the Member State where the child was habitually resident immediately before the wrongful removal or retention shall retain their jurisdiction’. However, jurisdiction is transferred to the courts of another Member State once the child acquires habitual residence in that Member State and one of the alternative conditions set out in Article 10 is met. The criteria used in this provision to determine jurisdiction in cases of child abduction, therefore, apply only within the territory of the Member States. Jurisdiction is thus, in principle, conferred on the courts of the Member State in which the child was habitually resident before being wrongfully removed to, or retained in, another Member State. However, such jurisdiction may, under certain circumstances, be transferred to the courts of the Member State in which the child has acquired a new habitual residence following the wrongful removal or retention. The fact that this Article uses the term ‘Member State’ and not ‘State’ or ‘third country’, and that jurisdiction is linked to a current or previous habitual residence in a Member State without providing for the possibility of acquiring habitual residence in a third country, means that this Article only regulates jurisdiction in cases of child abduction between Member States. Article 20 of the new Brussels II Regulation also limits jurisdiction to the territory of the Member States.
(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.