Summary
This case concerns divorce proceedings and parental responsibility. Under Art. 12 par.1 of the Brussels IIa Regulation, the Polish court shall have jurisdiction. Taking account of Art. 15 par. 1(a) of the Brussels IIa Regulation, the court of first instance, stayed the case and invited the parties to introduce a request, concerning parental responsibility, before the court of the United Kingdom. According to Art. 15 par. 4 of the Brussels IIa Regulation the court set a time limit by which the English court should have been seised. The court of first instance applied the above-mentioned article, because the habitual residence of the child in question was in the United Kingdom. The applicant appealed against this decision, emphasising, in particular, that a transfer of jurisdiction made of the court’s own motion must be accepted by at least one of the parties. The court of second instance agreed with the plaintiff’s arguments and the contested decision was annulled.