Case law Brussels II Regulation (2201/2003)
Article 1 of the Brussels II Regulation
ECJ 23 December 2009 ‘Jasna Deticek v Maurizio Sgueglia’ (Case
C-403/09 PPU) 
Article 20 of the Brussels II Regulation (No 2201/2003), must be interpreted as not allowing, in circumstances such as those of the main proceedings, a court of a Member State to take a provisional measure in matters of parental responsibility granting custody of a child who is in the territory of that Member State to one parent, where a court of another Member State, which has jurisdiction under that Regulation as to the substance of the dispute relating to custody of the child, has already delivered a judgment provisionally giving custody of the child to the other parent, and that judgment has been declared enforceable in the territory of the former Member State.
ECJ 2 April 2009 (Case C-523/07, ECR 2009 Page I-02805)
Article 1(1) the Brussels II Regulation (No 2201/2003) must be interpreted as meaning that a decision ordering that a child be immediately taken into care and placed outside his original home is covered by the term ‘civil matters’, for the purposes of that provision, where that decision was adopted in the context of public law rules relating to child protection (see para. 29, operative part 1).
Where the court of a Member State does not have jurisdiction at all, it must declare of its own motion that it has no jurisdiction, but is not required to transfer the case to another court. However, in so far as the protection of the best interests of the child so requires, the national court which has declared of its own motion that it has no jurisdiction must inform, directly or through the central authority designated under Article 53 of the Brussels II Regulation (No 2201/2003) the court of another Member State having jurisdiction (see para. 71, operative part 4).
ECJ 27 November 2007 ‘Nordic States’ (Case
C-435/06)
1. Article 1(1) of the Brussels II Regulation (No 2201/2003) is to be interpreted to the effect that a single decision ordering a child to be taken into care and placed outside his original home in a foster family is covered by the term ‘civil matters’ for the purposes of that provision, where that decision was adopted in the context of public law rules relating to child protection. The term ‘civil matters’ within the meaning of that provision, must be interpreted autonomously. Only the uniform application of the Brussels II Regulation in the Member States, which requires that the scope of that Regulation be defined by Community law and not by national law, is capable of ensuring that the objectives pursued by that regulation, one of which is equal treatment for all children concerned, are attained. According to the fifth recital of the Brussels II Regulation, that objective can only be safeguarded if all decisions on parental responsibility fall within the scope of that regulation. Parental responsibility is given a broad definition in Article 2(7) of the Regulation, inasmuch as it includes all rights and duties relating to the person or the property of a child which are given to a natural or legal person by judgment, by operation of law or by an agreement having legal effect. It is irrelevant in that respect whether parental responsibility is affected by a protective measure taken by the State or by a decision which is taken on the initiative of the person or persons with rights of custody (see paras 46-50, 53, operative part 1).
2. The Brussels II Regulation (No 2201/2003) is to be interpreted as meaning that harmonised national legislation on the recognition and enforcement of administrative decisions on the taking into care and placement of persons, adopted in the context of Nordic Cooperation, may not be applied to a decision to take a child into care that falls within the scope of that regulation. Cooperation between the Nordic States on the recognition and enforcement of administrative decisions on the taking into care and placement of persons does not appear amongst the exceptions listed exhaustively in the Brussels II Regulation. Nor is that conclusion invalidated by Joint Declaration No 28 on Nordic Cooperation, annexed to the Treaty concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded. According to that declaration, those States which are members of Nordic Cooperation and members of the Union have undertaken to continue that cooperation in compliance with Community law. Accordingly, that cooperation must respect the principles of the Community legal order. In that regard, a national court which is called upon, within the exercise of its jurisdiction, to apply provisions of Community law is under a duty to give full effect to those provisions, if necessary refusing of its own motion to apply any conflicting provision of national legislation (see paras 57, 61, 63-66, operative part 2).
3. Subject to the factual assessment which is a matter for the national court alone, the Brussels II Regulation (No 2201/2003) is to be interpreted as applying ratione temporis in a case such as that in the main proceedings. It is clear from Articles 64(1) and 72 of that Regulation that it applies only to legal proceedings instituted, to documents formally drawn up or registered as authentic instruments and to agreements concluded between the parties after 1 March 2005. Moreover, Article 64(2) of that Regulation provides that judgments given after the date of application of this Regulation in proceedings instituted before that date but after the date of entry into force of Regulation No 1347/2000 shall be recognised and enforced in accordance with the provisions of Chapter III of this Regulation if jurisdiction was founded on rules which accorded with those provided for either in Chapter II or in Regulation No 1347/2000 or in a convention concluded between the Member State of origin and the Member State addressed which was in force when the proceedings were instituted. In a case such as that in the main proceedings, the Brussels II Regulation (No 2201/2003) applies only if the three cumulative conditions listed in the preceding paragraph of this judgment are fulfilled.