The CJEU case law on the Brussels II bis Regulation No ECLI identifier Name of the case and number in the register Interpreted instrument and relevant provision(s) Key terms Operative part of the judgment 1. EU:C:2007:714 C, C-435/06
Generally the courts of the child’s former habitual residence retain jurisdiction although the child is no longer physically present in this jurisdiction, if the child is wrongfully removed or retained, particularly after visiting a person having a right of access.
An important innovation introduced by this Regulation is the abolition of exequatur, or the filing of a request in a domestic court to declare a foreign judgment enforceable. As a result, the rights of access granted in a judgment are
The Regulation creates a system of co-operation between Central Authorities of the member states. These authorities are obliged to facilitate communications between the courts of the relevant countries and must facilitate agreements between parents through mediation or other means. Each
The Regulation establishes a general jurisdiction rule based on the habitual residence of the child to ensure a real link between the child and the Member State exercising jurisdiction. Per Article 8 Council Regulation (EC) No. 2201/2003- “The courts
The Regulation establishes a general jurisdiction found in Article 3 in matters relating to “legal separation” and “marriage annulment”. A court in a member state has jurisdiction to entertain an action for divorce, separation, or nullity where: Both spouses
The situation becomes more complicated when determining the applicable law, as the Regulation does not directly deal with conflict of laws, as it does not contain rules to determine which law applies to cross-border disputes. The general assumption is that
Under the Regulation, any EU country must automatically recognise judgements given in another EU country on parental responsibility matters. A judgment on the exercise of parental responsibility enforceable in the EU country where it was issued can be enforced in
The Regulation creates a system of co-operation between central authorities of the member states. These authorities are obliged to facilitate communications between the courts of the relevant countries and must facilitate agreements between parents through mediation or other means. Per
