Nejvyšší soud ČR; 2021-10-06; 20 Nd 289/2021
Decision by national courts in the field of European Union law — ECLI:CZ:NS:2021:20.ND.289.2021.1
Date: 2021-10-06
Subject matter: Judicial cooperation in civil matters
Origin: Czechia

82021CZ1006(51)_ENG_SUMJURE
JURE summary
JURE summary
This case regards a question of local jurisdiction of the Czech courts addressed to the Nejvyšší soud (hereinafter ‘the Supreme Court’).
Following the dissolution of a marriage of Czech citizens, the mother of a minor child (hereinafter ‘the plaintiff’) applied before the Supreme Court for a custody adjustment over her minor child. The child is a Czech national and has permanent residence in Czechia but also had a long-term habitual residence in Germany. The child speaks the Czech language, and both parents have the status of registered cross-border workers with connections both in Czechia and in Germany. The plaintiff asked the Supreme Court to designate the Czech court as having local jurisdiction to hear the case according to Article 11(3) of the o.s.ř. (1).
The minor’s father expressed his consent to hear the case before the Czech courts.
The Supreme Court assessed the international jurisdiction of the Czech courts under the new Brussels II Regulation (2) and Council Regulation (EC) No 4/2009 (3). The Supreme Court also assessed the current situation, taking into account the child’s best interest as requested by the case-law. The Supreme Court cited Article 12(3) of the new Brussels II Regulation, according to which the jurisdiction may also have a court of a Member State, where the child has a substantial connection, in particular, because the child is a national of that Member State, and the jurisdiction of the courts has been accepted expressly by all the parties to the proceedings. Applying these requirements to the circumstances of the present case, the Supreme Court held that the international jurisdiction of the Czech courts is reliably established.
The Supreme Court designated the Okresní soud v Tachově to have local jurisdiction to hear and decide the case. It was a court that was mutually agreed on between the parents, and it is also a court located close to the German city where the minor child currently habitually resides.
(1) Občanský soudní řád (Code of Civil Procedure).
(2) 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.
(3) Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations.