CELEX: 62014CA0404
Language: en
Date: 2015-10-06 00:00:00
Title: Case C-404/14: Judgment of the Court (Third Chamber) of 6 October 2015 (request for a preliminary ruling from the Nejvyšší soud České republiky — Czech Republic) — proceedings brought by Marie Matoušková, acting as court commissioner (Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility — Regulation (EC) No 2201/2003 — Article 1(1)(b) — Substantive scope — Inheritance settlement agreement between the surviving spouse and minor children represented by a guardian ad litem — Classification — Requirement for approval of such an agreement by the court — Measure relating to parental responsibility or measure relating to succession)

23.11.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 389/10
            
         Judgment of the Court (Third Chamber) of 6 October 2015 (request for a preliminary ruling from the Nejvyšší soud České republiky — Czech Republic) — proceedings brought by Marie Matoušková, acting as court commissioner
   (Case C-404/14) (1)
   
   ((Reference for a preliminary ruling - Judicial cooperation in civil matters - Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility - Regulation (EC) No 2201/2003 - Article 1(1)(b) - Substantive scope - Inheritance settlement agreement between the surviving spouse and minor children represented by a guardian ad litem - Classification - Requirement for approval of such an agreement by the court - Measure relating to parental responsibility or measure relating to succession))
   (2015/C 389/11)
   Language of the case: Czech
   
      Referring court
   
   Nejvyšší soud České republiky
   
      Parties to the main proceedings
   
   Marie Matoušková, acting as court commissioner
   
      Operative part of the judgment
   
   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, must be interpreted as meaning that the approval of an agreement for the sharing-out of an estate concluded by a guardian ad litem on behalf of minor children constitutes a measure relating to the exercise of parental responsibility, within the meaning of Article 1(1)(b) of that regulation and thus falls within the scope of the latter, and not a measure relating to succession, within the meaning of Article 1(3)(f) thereof, excluded from the scope thereof.
   
      (1)  OJ C 431, 1.12.2014.