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Case C-523/07: Reference for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 23 November 2007 — A

ECLI:EU:UNKNOWN:62007CN0523

62007CN0523

January 1, 2007
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Valentina R., lawyer

26.1.2008

Official Journal of the European Union

C 22/35

(Case C-523/07)

(2008/C 22/63)

Language of the case: Finnish

Referring court

Parties to the main proceedings

Applicant: A

Questions referred

1. Does Council Regulation (EC) No 2201/2003 (1) concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000, (the Brussels IIa Regulation) apply to the enforcement, such as in the present case, of a public-law decision made in connection with child protection, as a single decision, concerning the immediate taking into care of a child and his or her placement outside the home, in its entirety,

or, having regard to the provision in Article 1(2)(d) of the regulation, only to the part of the decision relating to the placement outside the home?

(b) Is a protective measure within the meaning of Article 20(1) of the regulation solely a measure which can be taken under national law, and are the provisions of national law concerning that measure binding when the article is applied?

(c) Must the case, after the taking of the protective measure, be transferred of the court's own motion to the court of the Member State with jurisdiction?

4. If the court of a Member State has no jurisdiction at all, must it dismiss the case as inadmissible or transfer it to the court of the other Member State?

(1) OJ L 338, p. 1.

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