Povse v Alpago

Subject Matter

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)

(Case C-211/10PPU); (Case C-211/10 PPU); EU:C:2010:400; [2011] Fam 199; [2011] 3 WLR 164; [2010] 2 FLR 1343, ECJ