EUPillar Laura Y. v. Ministère public (Public prosecutor) and Philippe Guelbels - 2009/CO/270

Summary

(Decision by the Liège Court of Appeal) The appellant was criminally prosecuted and condemned for failure to present a child. She was also ordered to pay damages to the father of the child. On 5 November 2004, the Juvenile Court of Luxembourg, Grand Duchy of Luxembourg granted sole parental responsibility to the father of the child. By virtue of this decision, the appellant was ordered to present the child at the domicile of the father in Namur, Belgium. The appellant resided in Italy at the time, where she is domiciled. The appellant contests the admissibility of the criminal proceedings against her. The Liège Court of Appeal considers that the decision had not acquired force of res judicata yet, but had been rendered enforceable by the Luxembourg court. This decision also produces its effects in Belgium. No exequatur procedure is required – this would be the case only if the appellant were domiciled in Belgium and the father would have intended to enforce the judgment on Belgian territory. The father had initiated an exequatur procedure in Italy to obtain compulsory enforcement of the judgment. The Court of Appeal also refers to Art. 21(1) Brussels IIa Regulation: a judgment given in a Member State shall be recognised in the other Member States without any special procedure being required. The Court of Appeal decides that the proceedings were admissible and the charge justified. The Court does find there is a breach of the reasonable time requirement, however, the rights of the defense have not been breached. The appellant is condemned to 6 months imprisonment, as in first instance, but with a reprieve period of 3 years instead of 5 years. SHORT CRITIQUE This is actually a criminal procedure, and not directly relevant to the Brussels II system, but the Court still touches upon the subject of recognition and enforcement of judgments. In Belgium, criminal proceedings can be initiated against a parent who doesn't comply with a judgment in family matters (such as a judgment on custody and access rights, or maintenance obligations).