Below you can find all the decisions of the Court of Justice on Lis pendens and Provisional measures
No. |
ECLI identifier |
Name |
Arts. |
Key terms |
Operative part of the judgment |
19. |
EU:C:2015:654
6/10/2015 |
A v. B
C-489/14 |
Arts.
16 |
Lis pendens between judicial separation proceedings and divorce proceedings in a second Member State
Notion of established jurisdiction Effects on the procedure for seising the courts |
1. In the case of judicial separation and divorce proceedings brought between the same parties before the courts of two Member States, Article 19 (1) and (3) of Regulation No 2201/2003, must be interpreted as meaning that, in a situation such as that at issue in the main proceedings in which the proceedings before the court first seised in the first Member State expired after the second court in the second Member State was seised, the criteria for lis pendens are no longer fulfilled and, therefore, the jurisdiction of the court first seised must be regarded as not being established. |
20. |
EU:C:2009:810
23/12/2009 |
A,
Detiček, C-403/09 PPU |
Art. 20 |
Provisional measures concerning custody
Wrongful removal of the child |
1. Article 20 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. |
21. |
EU:C:2010:437
15/7/2010 |
Purrucker C-256/09 |
Arts.
20 |
Provisional, including protective, measures Recognition and enforcement |
1. The provisions laid down in Article 21 et seq. do not apply to provisional measures relating to rights of custody falling within the scope of Article 20 of that Regulation. |
22. |
EU:C:2010:665
9/11/2010 |
Purrucker (II)
C-296/10 |
Art.
19 (2) |
Lis pendens
Substantive proceedings relating to rights of custody in respect of a child and application for provisional measures relating to rights of custody in respect of the same child |
1. The provisions of lis pendens are not applicable where a court of a Member State first seised for the purpose of obtaining measures in matters of parental responsibility is seised only for the purpose of its granting provisional measures within the meaning of Article 20 of Regulation No 2201/2003 and where a court of another Member State which has jurisdiction as to the substance of the matter within the meaning of the same Regulation is seised second of an action directed at obtaining the same measures, whether on a provisional basis or as final measures.
2. The fact that a court of a Member State is seised in the context of proceedings to obtain interim relief (or that a judgment is handed down in the context of such proceedings) and there is nothing in the action brought (or in the judgment handed down) which indicates that the court seised for the interim measures has jurisdiction within the meaning of the Regulation does not necessarily preclude the possibility that there may be an action as to the substance of the matter. 3. Where, notwithstanding efforts made by the court second seised to obtain information by enquiry of the party claiming lis pendens (or by the court first seised, or by the central authority), the court second seised lacks any evidence which enables it to determine the cause of action of proceedings brought before another court and which serves, in particular, to demonstrate the jurisdiction of that court and where the interest of the child requires the handing down of a judgment which may be recognised in Member States other than that of the court second seised, it is the duty of that court, after the expiry of a reasonable period in which answers are awaited, to proceed with consideration of the action brought before it. The |