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*PIL Case Law

Published on December 20th, 2016 | by Olga Papadopoulou

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CJEU C‑173/16, Reg. 2201/2003, Art. 16(1)(a), Determination of the time when a court is seised

C‑173/16

M.H. v  M. H

ORDER OF THE COURT (Sixth Chamber), 22 June 2016 (*)

(Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — No reasonable doubt — Jurisdiction in matrimonial matters — Regulation (EC) No 2201/2003 — Article 16(1)(a) — Determination of the time when a court is seised — Concept of ‘the time when the document instituting the proceedings or an equivalent document is lodged with the court’)

In those circumstances, the Court of Appeal (Ireland) decided to stay the proceedings and refer the following question to the Court of Justice for a preliminary ruling:

‘Is “the time when the document instituting the proceedings … is lodged with the court” in Article 16(1)(a) of Regulation 2201/2003 to be interpreted as meaning:-

(i)      the time at which the document instituting the proceedings is received by the court even if such receipt does not of itself immediately commence the proceedings in accordance with national law; or

(ii)      the time at which, following receipt of the document instituting the proceedings by the court, the proceedings are commenced in accordance with national law?’

On those grounds, the Court (Sixth Chamber) hereby rules:

Article 16(1)(a) of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000, must be interpreted to the effect that the ‘time when the document instituting the proceedings or an equivalent document is lodged with the court’, within the meaning of that provision, is the time when that document is lodged with the court concerned, even if under national law lodging that document does not of itself immediately initiate proceedings.

Read the full decision, here…

 

 

 





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