C.
Date: 2007-11-27
30. The use of the words ‘in particular’ in Article 1(2) of that regulation implies that the list contained in that provision is only to be used as a guide.
34. As regards placement, it should be noted that, in accordance with Article 1(2)(d) of Regulation No 2201/2003, the placement of the child in a foster family or in institutional care is one of the matters relating to parental responsibility.
38. Article 1(1) of Regulation No 2201/2003 sets out the principle that the scope of that regulation is confined to ‘civil matters’ without, however, defining the content and scope of that term.
40. The Court has repeatedly held that, in order to ensure, as far as possible, that the rights and obligations which derive from the Brussels Convention for the Contracting States and the persons to whom it applies are equal and uniform, the terms of the provision should not be interpreted as a mere reference to the internal law of one or other of the States concerned. ‘Civil and commercial matters’ must be regarded as an independent concept to be interpreted by referring, first, to the objectives and scheme of the Brussels Convention and, second, to the general principles which stem from the corpus of the national legal systems (see Case C‑292/05 Lechouritou and Others  [2007] ECR I‑0000, paragraph 29 and the case‑law cited).
46. Consequently, the term ‘civil matters’ must be interpreted autonomously.
47. Only the uniform application of Regulation No 2201/2003 in the Member States, which requires that the scope of that regulation be defined by Community law and not by national law, is capable of ensuring that the objectives pursued by that regulation, one of which is equal treatment for all children concerned, are attained.
48. According to Recital 5 in the preamble to Regulation No 2201/2003, that objective can only be safeguarded if all decisions on parental responsibility fall within the scope of that regulation.
49. Parental responsibility is given a broad definition in Article 2(7) of the regulation, inasmuch as it includes all rights and duties relating to the person or the property of a child which are given to a natural or legal person by judgment, by operation of law or by an agreement having legal effect.
50. As the Advocate General pointed out at point 44 of her Opinion, in this regard it does not matter whether parental responsibility is affected by a protective measure taken by the State or by a decision which is taken on the initiative of the person or persons with rights of custody.
51. The term ‘civil matters’ must be interpreted as capable of extending to measures which, from the point of view of the legal system of a Member State, fall under public law.
57. In that regard, it should be pointed out that, according to settled case‑law, a national court which is called upon, within the exercise of its jurisdiction, to apply provisions of Community law is under a duty to give full effect to those provisions, if necessary refusing of its own motion to apply any conflicting provision of national legislation (see, inter alia, Case 106/77 Simmenthal  [1978] ECR 629, paragraphs 21 to 24; Case C‑213/89 Factortame and Others  [1990] ECR I‑2433, paragraphs 19 to 21; and Case C‑119/05 Lucchini  [2007] ECR I‑0000, paragraph 61).