Vrhovno sodišče Republike Slovenije; 2008-10-02; Cp 17/2008
Decision by national courts in the field of European Union law — ECLI:SI:VSRS:2008:CP.17.2008
Date: 2008-10-02
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82008SI1002(51)_ENG_SUMJURE
JURE summary
JURE summary
This dispute regards custody and protective measures over a child, ‘A’. Divorce proceedings between her father (hereinafter ‘the plaintiff’) and her mother (hereinafter ‘the defendant’) were pending before Tribunale di Tivoli, Italy, which provisionally granted sole custody of A. to the plaintiff and ordered the child to stay temporarily in the children’s home in Rome until the final decision in the case. However, the defendant left Italy with her daughter and they moved to Slovenia. The plaintiff claimed the provisional decision of the Italian court to be declared enforceable in Slovenia.
The Okrožno sodišče v Mariboru (hereinafter ‘the Court of First Instance’) confirmed its enforceability in Slovenia. The same court dismissed the objection against the enforceability stating that all conditions laid down by the new Brussels II Regulation (1) were fulfilled.
The defendant further appealed to the Vrhovno sodišče Republike Slovenije (hereinafter ‘the Supreme Court’). The Supreme Court cited the new Brussels II Regulation, namely its Article 31(2), according to which the request to recognise judgment relating to parental responsibility ‘may be refused only for one of the reasons specified in Article 22, 23 and 24’ and Article 31(3) which provides that ‘under no circumstances may a judgment be reviewed as to its substance’. Article 23(b) provides a reason for refusal if the child has not been given an opportunity to be heard. However, it was apparent from the Italian judgment that child A was heard before the Italian advisory authority. The appeal alleging a breach of the child's right to be heard was held unfounded.
The Supreme Court dismissed the appeal and upheld the first instance decision.
(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.