P (View) French Text [2015] EUECJ C-455/15_V (19 November 2015)

P (View) French Text [2015] EUECJ C-455/15_V (19 November 2015)

The order public (public policy) exception in Article 23(a) of Regulation No 2201/2003 cannot be invoked to refuse recognition or enforcement of a parental responsibility decision from another Member State solely on the ground that the court of origin allegedly failed to comply with the jurisdictional rules of the Regulation. Article 24 expressly prohibits review of jurisdiction, and the public policy exception does not extend to such matters. The proper remedy for alleged jurisdictional errors is through appeal in the Member State of origin.

Citation
[2015] EUECJ C-455/15_V
Parties
Applicant: P; Respondent: Q
Jurisdiction
European Union
Judgment Date
19 November 2015
Procedural Posture
Preliminary Reference (demande De Décision Préjudicielle) / Opinion of Advocate General Before the Court of Justice of the European Union
Outcome
Order public (public policy) cannot be invoked to refuse recognition or enforcement of a parental responsibility decision solely due to alleged breach of jurisdictional rules under Regulation No 2201/2003.
Legal Topics
Recognition and Enforcement of Judgments, Parental Responsibility, Child Abduction, Order Public (public Policy), Jurisdictional Competence, Mutual Trust in Judicial Decisions
European Union Law Private International Law Family Law Recognition and Enforcement of Judgments Parental Responsibility Child Abduction Order Public (public Policy) Jurisdictional Competence +1 more

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Parties

P

Applicant

Q

Respondent

Procedural Posture

Preliminary Reference (demande De Décision Préjudicielle) / Opinion of Advocate General Before the Court of Justice of the European Union

Legal Issues

  1. 1 Whether a court may refuse to recognize a parental responsibility decision from another EU Member State on the grounds of public policy due to alleged breach of jurisdictional rules under Regulation (EC) No 2201/2003 (Brussels II bis)
  2. 2 Interpretation of Articles 23(a) and 24 of Regulation (EC) No 2201/2003 regarding the limits of public policy exception and prohibition of review of jurisdiction

Ratio Decidendi

The order public (public policy) exception in Article 23(a) of Regulation No 2201/2003 cannot be invoked to refuse recognition or enforcement of a parental responsibility decision from another Member State solely on the ground that the court of origin allegedly failed to comply with the jurisdictional rules of the Regulation. Article 24 expressly prohibits review of jurisdiction, and the public policy exception does not extend to such matters. The proper remedy for alleged jurisdictional errors is through appeal in the Member State of origin.

Court Disposition

Order public (public policy) cannot be invoked to refuse recognition or enforcement of a parental responsibility decision solely due to alleged breach of jurisdictional rules under Regulation No 2201/2003.