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Case C-403/09 PPU: Judgment of the Court (Third Chamber) of 23 December 2009 (reference for a preliminary ruling from the Višje sodišče v Mariboru — Republic of Slovenia) — Jasna Detiček v Maurizio Sgueglia (Judicial cooperation in civil matters — Matrimonial matters and matters of parental responsibility — Regulation (EC) No 2201/2003 — Provisional measures concerning custody — Decision enforceable in a Member State — Wrongful removal of the child — Other Member State — Other court — Custody of the child granted to the other parent — Jurisdiction — Urgent preliminary ruling procedure)
ECLI:EU:UNKNOWN:62009CA0403
62009CA0403
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13.3.2010
Official Journal of the European Union
C 63/16
(Case C-403/09 PPU) (<span class="super">1</span>)
(Judicial cooperation in civil matters - Matrimonial matters and matters of parental responsibility - Regulation (EC) No 2201/2003 - Provisional measures concerning custody - Decision enforceable in a Member State - Wrongful removal of the child - Other Member State - Other court - Custody of the child granted to the other parent - Jurisdiction - Urgent preliminary ruling procedure)
2010/C 63/24
Language of the case: Slovene
Referring court
Parties to the main proceedings
Applicant: Jasna Detiček
Defendant: Maurizio Sgueglia
Re:
Reference for a preliminary ruling — Interpretation of Article 20 of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (OJ 2003 L 338, p. 1) — Provisional and protective measures — Jurisdiction of a court in Member State A to rule provisionally on an application to have custody of the child restored, the court dealing with the substance (disposing of the divorce proceedings) being in Member State B
Operative part of the judgment
Article 20 of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000, must be interpreted as not allowing, in circumstances such as those of the main proceedings, a court of a Member State to take a provisional measure in matters of parental responsibility granting custody of a child who is in the territory of that Member State to one parent, where a court of another Member State, which has jurisdiction under that regulation as to the substance of the dispute relating to custody of the child, has already delivered a judgment provisionally giving custody of the child to the other parent, and that judgment has been declared enforceable in the territory of the former Member State.
* Language of the case: Slovene.
(1) OJ C 312, 19.12.2009.