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Case Law Joined cases C‑325/18 PPU and C-375/18 PPU (19/09/2018)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 09/19/2018

Subject: ccording to the Court, where it is alleged that children have been wrongfully removed, the decision of a court of the Member State in which those children were habitually resident, directing that those children be returned and which is entailed by a decision dealing with parental responsibility, may be declared enforceable in the host Member State in accordance with those general provisions. Regulation (EC) No 2201/2003, concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, read in the light of Article 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as precludingenforcement of a decision of a court of a Member State which directs that children be made wards of court and that they be returned and which is declared enforceable in the requested Member State, prior to service of the declaration of enforceability of that decision on the parents concerned. The period for lodging an appeal laid down in that provision may not be extended by the court seised. However, Regulation No 2201/2003 does not preclude a court of one Member State from adopting protective measures in the form of an injunction directed at a public body of another Member State, preventing that body from commencing or continuing, before the courts of that other Member State, proceedings for the adoption of children who are residing there

Parties: C.E. e N.E.

Classification: Equality - Art. 24 Children’s rights - Justice - Art. 47 Justice: remedy - Justice: effective

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