11 August 2010

(European Court of Justice; 1 July 2010)

The ECJ gave a preliminary ruling on the interpretation of various Articles of Brussels II Revised (BIIR) following wrongful removal by the mother from Italy to Austria, a provisional award of joint custody in Italy, a refusal to return under the Hague Convention by the Austrian court and a subsequent certified return order by the Italian court.

Held that the Italian court had retained jurisdiction concerning the child, and its certified order for return must be enforced in Austria irrespective of subsequent irreconcilable Austrian orders and the Austrian court's assessment of the child's welfare.

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