Case number and/or case name
III Nsm 846/13 (Sąd Rejonowy dla Wrocławia Sródmieście we Wrocławiu)
Details of the court
Poland, First Instance
Articles referred to by the court
Brussels IIa
Article 12
Paragraph 3
SubParagraph a
Paragraph 3
SubParagraph b
Date of the judgement
11 November 2013
CJEU's case law cited by the court
Summary
The mother, filed an application of deprivation of parental authority against the child’s father. She stated that she had temporarily lived with her child in the UK, but she emphasised that the centre of her and the child’s life is in a Polish city. She pointed out that she and the father are Polish citizens and the child is not integrated into UK society. The Polish court stated that – contrary to the claims of the applicant – the child is habitually resident in the United Kingdom, and thus, it has no jurisdiction under Article 8 par. 1 of the Brussels II bis Regulation. The court stated that Article 12 par. 3 of the Brussels II bis Regulation cannot be applied because the condition laid down in Article 12 par. 3 letter b had not been fulfilled – the jurisdiction of the Polish court had not been accepted by all the parties to the proceedings at the time the court was seised.