Below you can find all the decisions of the Court of Justice on Scope and definitions.
No. |
ECLI identifier |
Name |
Arts. |
Key terms |
Operative part of the judgment |
1. |
EU:C:2007:714
27/11/2007 |
C,
C-435/06 |
Art.
1 (1) |
Definition of civil matters
Decision concerning the |
1. Article 1(1) of Regulation No 2201/2003 is to be interpreted to the effect that a single decision ordering a child to be taken into care and placed outside his original home in a foster family is covered by the term ‘civil matters’ for the purposes of that provision, where that decision was adopted in the context of public law rules relating to child protection.
That Regulation as amended by Regulation No 2116/2004, is to be interpreted as meaning that harmonised national legislation on the recognition and enforcement of administrative decisions on the taking into care and placement of persons, adopted in the context of Nordic Cooperation, may not be applied to a decision to take a child into care that falls within the scope of that Regulation. |
2. |
EU:C:2009:225
2/4/2009 |
A,
C-523/07 |
Arts.
1 (1) |
Definition of civil matters
Decision relating to the taking into care and placement of children outside the family home Child’s habitual residence |
1. The term ‘civil matters’ must be interpreted as capable of extending to measures which, from the point of view of the law of a Member State, fall under public law.
2. Article 1(1) must be interpreted as meaning that a decision ordering that a child be immediately taken into care and placed outside his original home is covered by the term ‘civil matters’, for the purposes of that provision, where that decision was adopted in the context of public law rules relating to child protection. |
3. |
EU:C:2010:582
5/10/2010 |
MCB,
C-400/10 PPU |
Art.
2 (11) |
Children whose parents are not married
Rights of custody Article 7 EUCHR |
1. It is for the court of the Member State where the child is habitually resident to decide who is the holder of rights of custody and under what conditions. This legislation is compatible with Article 7 of the EU Charter and Article 8 of the ECHR2. Pursuant to Article 2(11), rights of custody means the right to decide on the habitual residence of the child3. In the light of Article 7 ECHR does not preclude a Member State from providing by its law that the acquisition of rights of custody by a child’s father, where he is not married to the child’s mother, is dependent on the father’s obtaining a judgment from a national court with jurisdiction awarding such rights to him, on the basis of which the removal of the child by its mother or the retention of that child may be considered wrongful, within the meaning of Article 2 (11) of that Regulation. |
4. |
EU:C:2014:2268
9/10/2014 |
C v. M
C-376/14 PPU |
Arts.
2 (11) 8 |
Provisional authorization to transfer the residence of a child Wrongful retention
Habitual residence of the child Court’s assessment of habitual residence |
1. Articles 2 (11) and 11 must be interpreted as meaning that where the removal of a child has taken place in accordance with a judgment which was provisionally enforceable and which was thereafter overturned by a judgment which fixed the residence of the child at the home of the parent living in the Member State of origin, the court of the Member State to which the child was removed, seised of an application for the return of the child, must determine the residence of the child and thus whether the transfer was lawful or unlawful |
5. |
EU:C:2015:653
6/10/2015 |
Marie Matoušková,
C-404/14 |
Arts.
1 (1) (b) |
Inheritance settlement agreement between the surviving spouse and minor children represented by a guardian ad litem
Classification Requirement for approval of such an agreement by the court |
1. Regulation No 2201/2003 must be interpreted as meaning that the approval of an agreement for the sharing-out of an estate concluded by a guardian ad litem on behalf of minor children constitutes a measure relating to the exercise of parental responsibility, within the meaning of Article 1(1)(b) of that Regulation and thus falls within the scope of the latter, and not a measure relating to succession, within the meaning of Article 1(3)(f) thereof, excluded from the scope thereof. |
6. |
EU:C:2015:710
21/10/2015 |
Gogova,
C‑215/15 PPU |
Arts.
1 (1) (b) |
Attribution, exercise, delegation, restriction or termination of parental responsibility
Prorogation of jurisdiction Jurisdiction not contested by the defendant’s legal representative appointed by the courts seised of their own motion |
1. In order to determine whether an action falls within the scope of Regulation No 2201/2003 the focus must be on the object of such action. Insofar an action in which one parent asks the court to take a decision in order to remedy the lack of agreement of the other parent to their child travelling outside his Member State of residence in order to require issuance of a passport in the child’s name falls within the material scope of the Regulation. In fact the object of such an action is the exercise of ‘parental responsibility’ for that child within the meaning of Article 1(1)(b) in conjunction with Article 2(7) of Regulation No 2201/2003. This is not altered by the fact that the authorities of the Member State of which the child is a national will take into account such decision in the administrative procedure for the issue of that passport. |