Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)
Appeal dismissed, return refused
3 12 13(1)(b)
Appeal dismissed and return refused. The abduction was wrongful but there was a grave risk that ordering a return would expose the child to harm. It had not been established that the Hungarian authorities could ensure the protection of the child.
Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)
Case remitted to lower court
1 child wrongfully retained at age 5 – National of Croatia and Germany – Married parents– Father national of Croatia and Germany – Mother national of Croatia – Joint custody according to the German Civil Code and under Croatian law – Child lived in Germany until December2015 – Application for return filed with the Central Authority of Croatia on 22 March 2016 – Application for return filed with the courts of Croatia on 30 May 2016 - The Court granted the appeal, set aside the first instance judgment and remitted the case for a new trial to the court of first instance – Main issues: Rights of Custody, Brussels IIa Regulation –The first instance court should have applied the Brussels II a Regulation, including its requirement for return to be ordered in Art. 13(1)(b) cases in which it has been established that adequate arrangements have been made to secure the protection of the child upon his return.
Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)
Return ordered
3 11 12 13(1)(a) 13(1)(b)
Rights of Custody - Art. 3 | Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Procedural Matters | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)
Appeal dismissed, return ordered
3 12 13(1)(b) 17
Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Article 15 Decision or Determination | Procedural Matters | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)
Appeal allowed, application dismissed
3 15
Issues Relating to Return | Procedural Matters | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)
3 4 6 7 11 12 13(1)(b) 20
The Court unanimously ruled that Romania had breached Article 8 of the ECHR in failing to thoroughly assess the best interests of the child and to give the father the opportunity to present his case. It also awarded the father compensation under Article 41 of the ECHR.
Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Jurisdiction Issues - Art. 16 | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)
Return refused
11 13(1)(a) 13(1)(b) 16 18 19 12(2)
Removal wrongful but return refused; the child was settled in his new environment and the Court exercised its discretion not to order his return.
Grave Risk - Art. 13(1)(b) | Undertakings | Objections of the Child to a Return - Art. 13(2) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)
Return ordered with undertakings offered
1 13(1)(b)
Removal wrongful and return ordered; Article 13(1)(b) had not been proved to the standard required under the Convention.
