Case C-491/10 PPU: Judgment of the Court (First Chamber) of 22 December 2010 (reference for a preliminary ruling from the Oberlandesgericht Celle (Germany)) — Joseba Andoni Aguirre Zarraga v Simone Pelz (Judicial cooperation in civil matters — Regulation (EC) No 2201/2003 — Jurisdiction, recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility — Parental responsibility — Rights of custody — Child abduction — Article 42 — Enforcement of a certified judgment ordering the return of a child handed down by a (Spanish) court with jurisdiction — Power of the requested (German) court to refuse enforcement of that judgment in a case of serious infringement of the child’s rights)
Date: 2010-12-22
Institutions: Court of Justice
Subjects: Germany, human rights, interpretation of the law, national law








C_2011063EN.01001203.xml










26.2.2011   


EN


Official Journal of the European Union


C 63/12





Judgment of the Court (First Chamber) of 22 December 2010 (reference for a preliminary ruling from the Oberlandesgericht Celle (Germany)) — Joseba Andoni Aguirre Zarraga v Simone Pelz
(Case C-491/10 PPU) (1)

(Judicial cooperation in civil matters - Regulation (EC) No 2201/2003 - Jurisdiction, recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility - Parental responsibility - Rights of custody - Child abduction - Article 42 - Enforcement of a certified judgment ordering the return of a child handed down by a (Spanish) court with jurisdiction - Power of the requested (German) court to refuse enforcement of that judgment in a case of serious infringement of the child’s rights)
2011/C 63/23
Language of the case: German

Referring court

Oberlandesgericht Celle

Parties to the main proceedings


Applicant: Joseba Andoni Aguirre Zarraga

Defendant: Simone Pelz

Re:

Reference for a preliminary ruling — Oberlandesgericht Celle — Interpretation of Article 42 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) — Abduction of a child — Enforcement of a decision ordering the return of a child taken by a (Spanish) court having jurisdiction — Power of the (German) court responsible for enforcement to refuse to enforce that decision where there has been a serious infringement of the rights of the child

Operative part of the judgment

In circumstances such as those of the main proceedings, the court with jurisdiction in the Member State of enforcement cannot oppose the enforcement of a certified judgment, ordering the return of a child who has been wrongfully removed, on the ground that the court of the Member State of origin which handed down that judgment may have infringed Article 42 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, interpreted in accordance with Article 24 of the Charter of Fundamental Rights of the European Union, since the assessment of whether there is such an infringement falls exclusively within the jurisdiction of the courts of the Member State of origin.


(1)  OJ C 346, 18.12.2010.