D v D & Anor [2007] EWCA Civ 1277 (12 December 2007)

D v D & Anor [2007] EWCA Civ 1277 (12 December 2007)

The Romanian contact order of 24 October 2006 was not an 'enforceable judgment given in a Member State' at the time it was made, as Romania was not yet an EU Member State. Brussels II Revised does not apply retrospectively to judgments made before accession. The certificate issued under Article 41 cannot override the Regulation's requirements. Therefore, the order is not enforceable under Brussels II Revised.

Citation
[2007] EWCA Civ 1277
Parties
Appellant: AD; 1st Respondent: CD; 2nd Respondent: AD
Jurisdiction
England and Wales
Judgment Date
12 December 2007
Procedural Posture
Appeal (family Law) / Appeal From High Court (family Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Enforcement of Foreign Judgments, Parental Responsibility, Contact Orders, Transitional Provisions Under EU Law
Family Law EU Law Enforcement of Foreign Judgments Parental Responsibility Contact Orders Transitional Provisions Under EU Law

Case Brief

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Parties

AD

Appellant

CD

1st Respondent

AD

2nd Respondent

Procedural Posture

Appeal (family Law) / Appeal From High Court (family Division) to Court of Appeal

Legal Issues

  1. 1 Whether a Romanian contact order made before Romania's EU accession is enforceable under Brussels II Revised
  2. 2 Whether the relevant judgment for enforcement is the original order or the order declaring it enforceable after appeal
  3. 3 Interpretation of transitional provisions in Brussels II Revised regarding new Member States

Ratio Decidendi

The Romanian contact order of 24 October 2006 was not an 'enforceable judgment given in a Member State' at the time it was made, as Romania was not yet an EU Member State. Brussels II Revised does not apply retrospectively to judgments made before accession. The certificate issued under Article 41 cannot override the Regulation's requirements. Therefore, the order is not enforceable under Brussels II Revised.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted
  • Appeal dismissed