Oberster Gerichtshof, Urteil vom 10/06/2008 1 Ob 104/08p
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2008:0010OB00104.08P.0610.000
Date: 2008-06-10
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82008AT0610(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
A father brought an action before an Austrian court for the return of his children, who were now living in Great Britain but had previously lived in Austria, and alleged it was a case of child abduction. The question arose whether the Austrian courts had international jurisdiction.
The OGH holds that, according to the express rule of Article 10 of the Regulation 2201/2003 "Brussels IIbis", the jurisdiction of the courts of the Member State where the child was habitually resident before the wrongful removal shall lose jurisdiction under certain conditions which are met in the current case (withdrawal of the request for return and no new valid request made; known residence in another Member State for at least one year). The fact that the father had knowledge of the residence of the children in Great Britain is obvious with respect to his request for return. In this context, he merely argued that the date on which the application was made was determinative, which however Article 10 Brussels IIbis Regulation contradicts.