The Law Reports (Family Division)
[2011] Fam 199
Court of Justice of the European Union
Povse
v
Alpago
(Case C-211/10PPU)
2010 June 14,
16;
July 1
President of Chamber K Lenaerts, Judges R Silva de Lapuerta, E Juhász, J Malenovský, D ŠvábyAdvocate General E Sharpston
European Union— Judgment— Recognition and enforcement in other member states— Provisional custody award made in first member state— Child unlawfully removed to second member state— Whether transfer of jurisdiction to courts of second state where child had acquired habitual residence there— Enforceability of judgment by court of first state requiring return of child— Whether dependent on previous custody judgment by court of first state— Whether ousted by contrary custody judgment in second state deemed enforceable under law of that state— Whether enforcement refusable in second state on ground of change in child’s circumstances—
Council Regulation (EC) No 2201/2003, arts 10(b)(iv), 11(8), 47(2)