CELEX: 62015CA0455
Language: en
Date: 2015-11-19 00:00:00
Title: Case C-455/15 PPU: Judgment of the Court (Fourth Chamber) of 19 November 2015 (request for a preliminary ruling from the Varbergs tingsrätt — Sweden) — P v Q (Reference for a preliminary ruling — Urgent preliminary ruling procedure — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility — Regulation (EC) No 2201/2003 — Article 23(a) — Grounds of non-recognition of judgments in matters of parental responsibility — Public policy)

18.1.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 16/13
            
         Judgment of the Court (Fourth Chamber) of 19 November 2015 (request for a preliminary ruling from the Varbergs tingsrätt — Sweden) — P v Q
   (Case C-455/15 PPU) (1)
   
   ((Reference for a preliminary ruling - Urgent preliminary ruling procedure - Judicial cooperation in civil matters - Jurisdiction, recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility - Regulation (EC) No 2201/2003 - Article 23(a) - Grounds of non-recognition of judgments in matters of parental responsibility - Public policy))
   (2016/C 016/15)
   Language of the case: Swedish
   
      Referring court
   
   Varbergs tingsrätt
   
      Parties to the main proceedings
   
   
      Applicant: P
   
      Defendant: Q
   
      Operative part of the judgment
   
   Article 23(a) 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 meaning that, in the absence of a manifest breach, having regard to the best interests of the child, of a rule of law regarded as essential in the legal order of a Member State or of a right recognised as being fundamental within that legal order, that provision does not allow a court of that Member State which considers that it has jurisdiction to rule on the custody of a child to refuse to recognise a judgment of a court of another Member State which has ruled on the custody of that child.
   
      (1)  OJ C 346, 19.10.2015.