CELEX: 62009CA0403
Language: en
Date: 2009-12-23 00:00:00
Title: Case C-403/09 PPU: Judgment of the Court (Third Chamber) of 23 December 2009 (reference for a preliminary ruling from the Višje sodišče v Mariboru — Republic of Slovenia) — Jasna Detiček v Maurizio Sgueglia (Judicial cooperation in civil matters — Matrimonial matters and matters of parental responsibility — Regulation (EC) No 2201/2003 — Provisional measures concerning custody — Decision enforceable in a Member State — Wrongful removal of the child — Other Member State — Other court — Custody of the child granted to the other parent — Jurisdiction — Urgent preliminary ruling procedure)

13.3.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 63/16
            
         Judgment of the Court (Third Chamber) of 23 December 2009 (reference for a preliminary ruling from the Višje sodišče v Mariboru — Republic of Slovenia) — Jasna Detiček v Maurizio Sgueglia
   (Case C-403/09 PPU) (1)
   
   (Judicial cooperation in civil matters - Matrimonial matters and matters of parental responsibility - Regulation (EC) No 2201/2003 - Provisional measures concerning custody - Decision enforceable in a Member State - Wrongful removal of the child - Other Member State - Other court - Custody of the child granted to the other parent - Jurisdiction - Urgent preliminary ruling procedure)
   2010/C 63/24
   Language of the case: Slovene
   
      Referring court
   
   Višje sodišče v Mariboru
   
      Parties to the main proceedings
   
   
      Applicant: Jasna Detiček
   
      Defendant: Maurizio Sgueglia
   
      Re:
   
   Reference for a preliminary ruling — Interpretation of Article 20 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) — Provisional and protective measures — Jurisdiction of a court in Member State A to rule provisionally on an application to have custody of the child restored, the court dealing with the substance (disposing of the divorce proceedings) being in Member State B
   
      Operative part of the judgment
   
   Article 20 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, must be interpreted as not allowing, in circumstances such as those of the main proceedings, a court of a Member State to take a provisional measure in matters of parental responsibility granting custody of a child who is in the territory of that Member State to one parent, where a court of another Member State, which has jurisdiction under that regulation as to the substance of the dispute relating to custody of the child, has already delivered a judgment provisionally giving custody of the child to the other parent, and that judgment has been declared enforceable in the territory of the former Member State.
   
      (1)  OJ C 312, 19.12.2009.