Case C-435/06: Judgment of the Court (First Chamber) of 27 November 2007 (reference for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — C (Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility — Regulation (EC) No 2201/2003 — Substantive and temporal scope — Definition of civil matters — Decision concerning the taking into care and placement of children outside the family home — Public law measures for child protection)
Date: 2007-11-27
Institutions: Court of Justice
Subjects: child protection, enforcement of ruling, interpretation of the law, judicial cooperation, matrimonial law, parental responsibility

26.1.2008

EN

Official Journal of the European Union

C 22/11

Judgment of the Court (First Chamber) of 27 November
2007 (reference for a preliminary ruling from the Korkein
hallinto-oikeus — Finland) — C

(Case C-435/06) (1)

(Judicial cooperation in civil matters — Jurisdiction, recogni-
tion and enforcement of judgments in matrimonial matters
and the matters of parental responsibility — Regulation (EC)
No 2201/2003 — Substantive and temporal scope — Defini-
tion of ‘civil matters’ — Decision concerning the taking into
care and placement of children outside the family home —
Public law measures for child protection)

national legislation on the recognition and enforcement of adminis-
trative decisions on the taking into care and placement of persons,
adopted in the context of Nordic Cooperation, may not be applied
to a decision to take a child into care that falls within the scope of
that regulation.

3. Subject to the factual assessment which is a matter for the national
court alone, Regulation No 2201/2003, as amended by Regu-
lation No 2116/2004,
is to be interpreted as applying ratione
temporis in a case such as that in the main proceedings.

(1) OJ C 326, 30.12.2006.

(2008/C 22/20)

Language of the case: Finnish

Referring court

Korkein hallinto-oikeus

Parties to the main proceedings

Applicant: C

Re:

Reference for a preliminary ruling — Korkein hallinto-oikeus —
Interpretation of Article 1(1)(b) and (2)(d) and Article 64 of
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
(OJ 2003 L 338, p. 1) — Material scope — Recognition and
enforcement of an administrative decision, confirmed by a judi-
cial decision, concerning the placement of children by the
authorities outside the family home — Public law measures for
protection of children

Operative part of the judgment

responsibility,

1. Article 1(1) of Council Regulation (EC) No 2201/2003 of
27 November 2003 concerning jurisdiction and the recognition
judgments in matrimonial matters and the
and enforcement of
matters of parental
repealing Regulation (EC)
No 1347/2000, as amended by Council Regulation (EC)
No 2116/2004 of 2 December 2004, is to be interpreted to the
effect that a single decision ordering a child to be taken into care
and placed outside his original home in a foster family is covered
by the term ‘civil matters’ for the purposes of that provision, where
that decision was adopted in the context of public law rules relating
to child protection.

2. Regulation No 2201/2003,

by Regulation
No 2116/2004, is to be interpreted as meaning that harmonised

amended

as

Judgment of the Court (Third Chamber) of 6 December
a preliminary ruling from the
2007 (reference for
Unabhängiger Finanzsenat, Außenstelle Wien (Austria)) —
Gabriele Walderdorff v Finanzamt Waldviertel

(Case C-451/06) (1)

(Sixth VAT Directive — Article 13B(b) — Exemption —
Leasing and letting of immovable property — Letting of
fishing rights)

(2008/C 22/21)

Language of the case: German

Referring court

Unabhängiger Finanzsenat, Außenstelle Wien

Parties to the main proceedings

Applicant: Gabriele Walderdorff

Defendant: Finanzamt Waldviertel

Re:

a preliminary

for
Außenstelle Wien — Interpretation

ruling — Unabhängiger
REFERENCE
Finanzsenat,
of
Article 13B(b) of Directive 77/388/EEC: Sixth Council Directive
of 17 May 1977 on the harmonisation of the laws of the
Member States relating to turnover taxes — Common system of
value added tax: uniform basis of assessment (OJ 1977 L 145,
p. 1) — Exemption from VAT —Supply of services connected
with immovable property — Letting and granting for considera-
tion of fishing rights.