PIL instrument(s)

Case number and/or case name

BGH, 10.6.2009 – XII ZB 182/08

Details of the court

Germany, Third Instance

Articles referred to by the court

Date of the judgement

09 June 2009

Appeal history

CJEU's case law cited by the court

Summary

The parties argued about the enforceability of a provisional measure regarding the parental responsibility ordered by a Spanish court (right to determine place of residence). The Federal Court of Justice asked whether the provisions laid down in Article 21 et seq. Brussels IIa also apply to enforceable provisional measures, relating to rights of custody, within the meaning of Article 20 of that regulation. The CJEU answered the question in C-256/09 (Purrucker): “The provisions laid down in Article 21 et seq. […] do not apply to provisional measures, relating to rights of custody, falling within the scope of Article 20 of that regulation.”