(Court of Justice of the European Union, 4 October 2018)
Jurisdiction – Art 15, BIIA – Preliminary ruling – Two courts of different Member States seised of matters relating to parental responsibility – Application of Art 15The Court of Justice of the European Union held that Art 15 of BIIA did not apply where both courts of Member States had jurisdiction under Arts 8 and 12.
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JUDGMENT OF THE COURT (Fifth Chamber)
4 October 2018 (*)
(Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction in matters of parental responsibility — Regulation (EC) No 2201/2003 — Article 15 — Transfer to a court better placed to hear the case — Scope — Article 19 — Lis pendens)
In Case C 478/17,
REQUEST for a preliminary ruling under Article 267 TFEU from the Tribunalul Cluj (Regional Court, Cluj, Romania), made by decision of 17 July 2017, received at the Court on 9 August 2017, in the proceedings IQ v JP,
THE COURT (Fifth Chamber)
Judgment: IQ v JP C-478_17.rtf