Oberster Gerichtshof, Urteil vom 01/04/2008 5 Ob 17/08y
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2008:RS0123749
Date: 2008-04-01
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82008AT0401(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
In relation to proceedings for the return of a child under the Hague Convention on the Civil Aspects of International Child Abduction of 1980, the Austrian courts were required to consider the requirements for consent under Article 13(1)(a) of that Convention.
The OGH (AT) pronounces in this context, inter alia, that the Regulation 2201/2003 "Brussels II bis" is not, in principal, applicable to proceedings regarding the return of a child under the said Convention. Article 60(e) Regulation 2201/2003 "Brussels II bis" provides that it take precedence over the said Convention only in so far as they concern matters governed by the Regulation. The return of a child pursuant to the said Convention is not however governed by the Regulation 2201/2003 "Brussels II bis" under Article 1. The procedural provisions and the rights to be heard provided by Article 11 Regulation 2201/2003 "Brussels II bis" are, however, to be regarded in the proceedings for the return of the child pursuant to provisions of said Convention.