(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.
For comprehensive, judicially approved coverage of every important Family Division, Court of Appeal, Supreme Court and European courts case, subscribe to Family Law Reports. Subscribers can log in here.Find out more or request a free 1-week trial of the Family Law Reports. Please quote: 100482.
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