CELEX: 62012CN0092
Language: en
Date: 2012-02-17 00:00:00
Title: Case C-92/12: Reference for a preliminary ruling from High Court of Ireland (Ireland) made on 17 February 2012 — Health Service Executive v SC, AC

5.5.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 133/18
            
         Reference for a preliminary ruling from High Court of Ireland (Ireland) made on 17 February 2012 — Health Service Executive v SC, AC
   (Case C-92/12)
   2012/C 133/33
   Language of the case: English
   
      Referring court
   
   High Court of Ireland
   
      Parties to the main proceedings
   
   
      Applicant: Health Service Executive
   
      Defendants: SC, AC
   
      Questions referred
   
   
               1.
            
            
               Does a judgment which provides for the detention of a child for a specified time in another Member State in an institution providing therapeutic and educational care come within the material scope of Council Regulation No 2201/2003 (1)?
            
         
               2.
            
            
               If the answer to Question one is yes, what obligations, if any, arise out of Article 56 of Council Regulation No 2201/2003 as to the nature of the consultation and consent mechanism to ensure the effective protection of a child who is to be so detained.
            
         
               3.
            
            
               Where a Court of a Member State has contemplated the placement of a child for a specified time in a residential care institution in another Member State and has obtained the consent of that State in accordance with Article 56 of Council Regulation 2201/2003, must the judgment of the court directing the placement of a child for a specified time in a residential care institution situated in another Member State be recognised and/or declared enforceable in that other Member State as a precondition to the placement being effected?
            
         
               4.
            
            
               Does a judgment of the court directing the placement of the child for a specified time in a residential care institution situated in another Member State and which has been consented to by that Member State in accordance with Article 56 of Council Regulation 2201/2003 have any legal effect in that other Member State prior to the grant of a declaration of recognition and/or enforceability upon the completion of the proceedings seeking such declaration of recognition and/or enforceability?
            
         
               5.
            
            
               Where a judgment of the court directing the placement of the child for a specified time in a residential care institution situated in another Member State under Article 56 of Council Regulation 2201/2003 is renewed for a further specified time must the Article 56 consent of the other Member State be obtained upon the occasion of each renewal?
            
         
               6.
            
            
               Where a judgment of the court directing the placement of the child for a specified time in a residential care institution situated in another Member state under Article 56 of Council Regulation 2201/2003 is renewed for a further specified time must the judgment be recognised and/or enforced in that other Member State upon the occasion of each renewal?
            
         
      (1)  OJ L 338, p. 1