PIL instrument(s)
Brussels IIa
Case number and/or case name
III Nsm 222/15 (Sąd Rejonowy dla Wrocławia Śródmieście we Wrocławiu)
Details of the court
Poland, First Instance
Articles referred to by the court
Brussels IIa
Article 8
Paragraph 1
Article 12
Paragraph 3 SubParagraph a
Paragraph 3 SubParagraph b
Date of the judgement
21 May 2015
Appeal history
None
CJEU's case law cited by the court
None
Summary
The applicant-mother moved with her child to Germany, and subsequently filed against the child’s father, an application for deprivation of parental authority. The court stated that it has no jurisdiction under Article 8 par. 1 of the Brussels II bis Regulation. Subsequently, according to Article 12 par. 3 of the Brussels II bis Regulation, the Polish court asked the father if he accepted the jurisdiction of the Polish courts and warned that no response would be treated as a lack of consent. The father did not reply. Given the above, the court stated that it had no jurisdiction under Article 12 par. 3 of the Brussels II bis Regulation, because the condition laid down in Article 12 par. 3 letter b had not been fulfilled.

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