Korkein hallinto-oikeus; 2007-11-19; A, B, C, D, E, F; KHO:2007:80
Decision by national courts in the field of European Union law — ECLI:FI:KHO:2007:80
Date: 2007-11-19
Subject matter: Judicial cooperation in civil matters
Origin: Finland

82007FI1119(51)_ENG_SUMJURE
JURE summary
JURE summary
Finland - Supreme Administrative Court
ECLI:FI:KHO:2007:80
Date: 19.11.2007
Preliminary ruling of the Court of Justice of the European Union (CJEU) — Public law rules of child protection — Implementation of the custody decision — Residence — Urgent protection measure — Competent authority
The Supreme Administrative Court had to solve a question of child custody and the placing of the child into foster care, as well as the competence of the Basic Welfare Committee.
The Supreme Administrative Court submitted a request to the CJEU for a preliminary ruling on four questions.
The first question was whether Regulation (EC) No 2201/2003 (‘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 placement of a child into foster care.
The second question concerned the interpretation of the definition of residence in the Brussels IIA Regulation within Community law in a situation where a child has a permanent residence in one Member State but resides in another Member State carrying on a peripatetic life.
The third question concerned urgent protection measure prerequisites and effects under the Brussels IIA Regulation.
The fourth question concerned how to act if a court of a Member State does not have jurisdiction at all.