Below you can find all the decisions of the Court of Justice on Recognition and Enforcement of Judgments.
No. |
ECLI identifier |
Name |
Arts. |
Key terms |
Operative part of the judgment |
23. |
EU:C:2008:406
11/7/2008 |
Rinau,
C-195/08 PPU |
Arts.
11 (8) |
Application for non‑recognition of a decision requiring the return of a child wrongfully retained in another Member State | 1. Once a non‑return decision has been taken and brought to the attention of the court of origin, it is irrelevant, for the purposes of issuing the certificate provided for in Article 42 that that decision has been suspended, overturned, set aside or, in any event, has not become res judicata or has been replaced by a decision ordering return, in so far as the return of the child has not actually taken place. Since no doubt has been expressed as regards the authenticity of that certificate and since it was drawn up in accordance with the standard form set out in Annex IV to the Regulation, opposition to the recognition of the decision ordering return is not permitted and it is for the requested court only to declare the enforceability of the certified decision and to allow the immediate return of the child.
2. Except where the procedure concerns a decision certified pursuant to Articles 11 (8) and 40 to 42 of the Regulation, any interested party can apply for non‑recognition of a judicial decision, even if no application for recognition of the decision has been submitted beforehand. 3. Article 31(1) in so far as it provides that neither the person against whom enforcement is sought, nor the child is, at this stage of the proceedings, entitled to make any submissions on the application, is not applicable to proceedings initiated for non‑recognition of a judicial decision if no application for recognition has been lodged beforehand in respect of that decision. In such a situation, the defendant, who is seeking recognition, is entitled to make such submissions. |
24. |
EU:C:2010:400
1/7/2010 |
Povse, C-211/10 PPU |
Arts.
10 (b) (iv) 11 (8) 47 (2) |
Unlawful removal of a child
Provisional measures relating to the right to take parental decisions Rights of custody Judgment ordering the return of the child pursuant to Art. 11(8) Enforcement of the return of the child |
1. The second subparagraph of Article 47(2) of Regulation No 2201/2003 must be interpreted as meaning that a judgment delivered subsequently by a court in the Member State of enforcement which awards provisional rights of custody and is deemed to be enforceable under the law of that State cannot preclude enforcement of a certified judgment delivered previously by the court which has jurisdiction in the Member State of origin and ordering the return of the child.
2. Enforcement of a certified judgment cannot be refused in the Member State of enforcement because, as a result of a subsequent change of circumstances, it might be seriously detrimental to the best interests of the child. Such a change must be pleaded before the court which has jurisdiction in the Member State of origin, which should also hear any application to suspend enforcement of its judgment. |
25. |
EU:C:2010:828
22/12/2010 |
Aguirre Zarraga,
C-491/10 |
Art.
42 |
Rights of custody
Child abduction Enforcement of a certified judgment ordering the return of a child handed down by a (Spanish) court with jurisdiction Power of the requested (German) court to refuse enforcement of that judgment in a case of serious infringement of the child’s rights |
1. In circumstances such as those of the main proceedings, the court with jurisdiction in the Member State of enforcement cannot oppose the enforcement of a certified judgment, ordering the return of a child who has been wrongfully removed, on the ground that the court of the Member State of origin which handed down that judgment may have infringed Article 42 interpreted in accordance with Article 24 of the Charter of Fundamental Rights of the European Union, since the assessment of whether there is such an infringement falls exclusively within the jurisdiction of the courts of the Member State of origin. |
26. |
EU:C:2015:563
9/9/2015 |
Bohez,
C-4/14 |
Art. 41 47 (1) |
Judgment concerning rights of access which imposes a periodic penalty payment
Penalty payment is ancillary to the principal obligation Enforcement of that penalty payment |
1. Recovery of a penalty payment, imposed by the court of the Member State who rendered a judgment on access rights in order to ensure the effectiveness of those rights, is part of the same scheme of enforcement as the judgment concerning the rights of access and must therefore be declared enforceable in accordance with the rules laid down by Council Regulation (EC) No 2201/2003 (Article 41 and 47). 2. Indeed a penalty payment cannot be considered in isolation as a self-standing obligation but is ancillary to the principal obligation which it safeguards; hence enforcement of such penalty payment is directly linked to the existence of both the principal obligation and a breach thereof. Furthermore it does not fall within the scope of application of Regulation (EC) No 44/2001. 3. In the context of Regulation No 2201/2003, a foreign judgment which orders a periodic penalty payment is enforceable in the Member State in which enforcement is sought only if the amount of the payment has been finally determined by the courts of the Member State of origin. |