Deticek v Sgueglia: ECJ 23 Dec 2009

ECJ (Area Of Freedom, Security and Justice) 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.
‘Since article 20(1) of Regulation No 2201/2003 authorises a court which does not have jurisdiction as to the substance to take, exceptionally, a provisional measure concerning parental responsibility, it must be considered that the concept of urgency in that provision relates both to the situation of the child and to the impossibility in practice of bringing the application concerning parental responsibility before the court with jurisdiction as to the substance.’
K. Lenaerts, P
[2009] ECR I-12193, [2009] EUECJ C-403/09, [2010] 1 Fam 104, ECLI:EU:C:2009:810, [2010] 3 WLR 1098,, [2010] Fam 104
Bailii
Regulation No 2201/2003 20(1)
European
Cited by:
CitedIn re J (A Child) SC 25-Nov-2015
The court considered for the first time the scope of the jurisdiction conferred by article 11 of the 1996 Convention ‘in all cases of urgency’ upon the Contracting State where a child is present but not habitually resident. F had obtained an order . .

These lists may be incomplete.
Updated: 21 February 2021; Ref: scu.384491