P (Order) French Text [2015] EUECJ C-507/14_CO (16 July 2015)

P (Order) French Text [2015] EUECJ C-507/14_CO (16 July 2015)

Article 16(1)(a) of Regulation 2201/2003 must be interpreted to mean that a court is deemed seized at the date the initiating document is lodged, even if the proceedings are subsequently suspended at the applicant's request before notification to the defendant, provided the applicant does not neglect to take the necessary steps for notification.

Citation
[2015] EUECJ C-507/14_CO
Parties
Applicant: P; Respondent: M
Jurisdiction
European Union
Judgment Date
16 July 2015
Procedural Posture
Preliminary Reference / Order on Preliminary Question From Supremo Tribunal De Justiça (portugal)
Outcome
Question answered; interpretation provided.
Legal Topics
Parental Responsibility, Jurisdiction, Lis Pendens, Interpretation of EU Regulation 2201/2003, Suspension of Proceedings
Family Law Civil Procedure European Union Law Parental Responsibility Jurisdiction Lis Pendens Interpretation of EU Regulation 2201/2003 Suspension of Proceedings

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Parties

P

Applicant

M

Respondent

Procedural Posture

Preliminary Reference / Order on Preliminary Question From Supremo Tribunal De Justiça (portugal)

Legal Issues

  1. 1 Whether a jurisdiction is deemed seized under Article 16(1)(a) of Regulation 2201/2003 when proceedings are suspended at the applicant's request before notification to the defendant.

Ratio Decidendi

Article 16(1)(a) of Regulation 2201/2003 must be interpreted to mean that a court is deemed seized at the date the initiating document is lodged, even if the proceedings are subsequently suspended at the applicant's request before notification to the defendant, provided the applicant does not neglect to take the necessary steps for notification.

Court Disposition

Question answered; interpretation provided.

Orders

  • Article 16(1)(a) of Regulation (EC) No 2201/2003 is interpreted as meaning that a court is deemed seized at the date the initiating document is lodged, even if the proceedings are suspended at the applicant's request before notification to the defendant, provided the applicant does not neglect subsequent...
  • Costs are for the referring court to determine; costs for observations by others than the parties are not recoverable.