In June 2016 the Advocate General Melchior Wathelet issued his opinion in Child and Family Agency (CAFA) v. J. D. (Case C‑428/15) – a case concerning Article 15 of Brussels II bis Regulation. In this opinion, the Advocate General suggested how conditions for the transfer of proceedings under Article 15 of the Brussels II bis Regulation should be interpreted.
The main questions in the case Child and Family Agency (CAFA) v J. D. relate to the possibility of transferring proceedings from Ireland to the UK to decide on the future of a small child. The Supreme Court of Ireland in which the proceedings originated had jurisdiction to deal with the case. However, it considered that a transfer of jurisdiction to a court in the UK would probably be more appropriate.
The Supreme Court of Ireland referred to the Court of Justice of the European Union (ECJ) several preliminary questions. It first asked to explain whether Article 15 of the Brussels II bis Regulation applies to child protection proceedings based on public law, where such proceedings are brought by a local authority in a first Member State although it is an institution of another Member State that will have to bring separate proceedings, under different legislation and possibly, if not probably, relating to different factual circumstances, if the court of that other Member State assumes jurisdiction (preliminary question 1). Moreover, the Supreme Court had doubts as to how the requirement that the transfer of proceedings need be in the “best interests of the child” should be interpreted, and what issues are to be considered in determining which court is best placed to determine the matter (preliminary questions 2-6).
A short summary of the case and the opinion of the Advocate General, as well as a comment of it, is given by our team member dr. Agne Limante in her post AG Wathelet suggests how conditions for transfer of proceedings under Article 15 of the Brussels II bis Regulation should be interpreted published by Preliminary Reference (blog of the Columbia Journal of European Law).
Article by Agne Limante