CELEX: 62009CN0403
Language: en
Date: 2009-10-20 00:00:00
Title: Case C-403/09: Reference for a preliminary ruling from the Višje sodišče v Mariboru (Republic of Slovenia) lodged on 20 October 2009 — Jasna Detiček v Maurizio Sgueglia

19.12.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 312/24
            
         Reference for a preliminary ruling from the Višje sodišče v Mariboru (Republic of Slovenia) lodged on 20 October 2009 — Jasna Detiček v Maurizio Sgueglia
   (Case C-403/09)
   2009/C 312/39
   Language of the case: Slovene
   
      Referring court
   
   Višje sodišče v Mariboru
   
      Parties to the main proceedings
   
   
      Applicant: Jasna Detiček
   
      Defendant: Maurizio Sgueglia
   
      Questions referred for a preliminary ruling
   
   
               1.
            
            
               Does a court of the Republic of Slovenia (a Member State of the European Communities) have jurisdiction under Article 20 of Council Regulation (EC) No 2201/2003 (1) to take protective measures in a situation in which a court of another Member State, having by virtue of that regulation jurisdiction as to the substance, has already taken a protective measure declared enforceable in the Republic of Slovenia?
            
         If the answer to the first question is in the affirmative:
   
               2.
            
            
               May a Slovene court, pursuant to national law (as permitted by Article 20 of the regulation), take a protective measure under Article 20 of the regulation amending or rendering inoperative a final and enforceable protective measure taken by a court of another Member State which under that regulation has jurisdiction as to the substance?
            
         
      (1)  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).