Case law Brussels II Regulation (2201/2003)

Article 47 of the Brussels II Regulation

ECJ 1 July 2010 ‘Doris Povse v Mauro Alpago’ (Case C-211/10 PPU)

The second subparagraph of Article 47(2) of the Brussels II Regulation (No 2201/2003) must be interpreted as meaning that a judgment delivered subsequently by a court in the Member State of enforcement which awards provisional rights of custody and is deemed to be enforceable under the law of that State cannot preclude enforcement of a certified judgment delivered previously by the court which has jurisdiction in the Member State of origin and ordering the return of the child.

Enforcement of a certified judgment cannot be refused in the Member State of enforcement because, as a result of a subsequent change of circumstances, it might be seriously detrimental to the best interests of the child. Such a change must be pleaded before the court which has jurisdiction in the Member State of origin, which should also hear any application to suspend enforcement of its judgment.