Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 07/11/2008

Subject: The urgent preliminary ruling procedure, established for the issues relating to the area of freedom, security and justice, has been applied for the first time in this case. The Court holds that, once a decision of non-return has been taken and brought to the attention of the court of origin, it is irrelevant, for the purposes of issuing the certificate conferring enforceability on the decision of that court, that the initial decision of non-return has been suspended, reversed, set aside or, in any event, not become res judicata or has been replaced by a decision of return, in so far as the return of the child has not actually taken place.

Parties: Rinau

Classification:

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