Korkein hallinto-oikeus; 2006-10-13; A, B; KHO:2006:76
Decision by national courts in the field of European Union law — ECLI:FI:KHO:2006:76
Date: 2006-10-13
Subject matter: Judicial cooperation in civil matters
Origin: Finland

82006FI1013(51)_ENG_SUMJURE
JURE summary
JURE summary
Finland - Supreme Administrative Court
ECLI:FI:KHO:2006:76
Date: 13.10.2006
Preliminary ruling of the Court of Justice of the European Union (CJEU) — Appropriate and temporal application of the Regulation (EC) No 2201/2003 ('Brussels IIA Regulation') — Public law rules of child protection — Implementation of the custody decision — Competent authority
The Supreme Administrative Court had to solve a question whether two children, A and B, taken into custody and placed in foster care in Sweden, could be transferred from Finland to Sweden based on a police department’s decision, whilst being Finnish citizens. Child A also had Swedish nationality.
The Supreme Administrative Court submitted a request to the CJEU for a preliminary ruling on three questions. The first question was whether the Brussels IIA Regulation should be applied in matrimonial matters and parental responsibility settlements with regards to jurisdiction and the recognition and enforcement of the immediate admission and the placement of a child into foster care.
The second question concerned the possible applicability of the Brussels IIA Regulation on child custody between Nordic countries based on the immediate recognition and enforcement of administrative decisions between the administrative authorities.
The third question concerned the temporal applicability of the Brussels IIA Regulation, as the Swedish administrative authorities had taken a decision both on immediate taking into custody and on placement with a family on 23 February 2005 and submitted their decision on immediate custody to the county court on 25 February 2005. The county court ruled the decision on 3 March 2005, but the Brussels IIA Regulation became effective on 1 March 2005.