EUR-Lex Access to European Union law
This document is an excerpt from the EUR-Lex website
Document 62015CN0428
Case C-428/15: Reference for a preliminary ruling from Supreme Court (Ireland) made on 4 August 2015 — Child and Family Agency (CAFA) v J. D.
Case C-428/15: Reference for a preliminary ruling from Supreme Court (Ireland) made on 4 August 2015 — Child and Family Agency (CAFA) v J. D.
Case C-428/15: Reference for a preliminary ruling from Supreme Court (Ireland) made on 4 August 2015 — Child and Family Agency (CAFA) v J. D.
OJ C 320, 28.9.2015, p. 22–23
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
28.9.2015 |
EN |
Official Journal of the European Union |
C 320/22 |
Reference for a preliminary ruling from Supreme Court (Ireland) made on 4 August 2015 — Child and Family Agency (CAFA) v J. D.
(Case C-428/15)
(2015/C 320/30)
Language of the case: English
Referring court
Supreme Court
Parties to the main proceedings
Applicant: Child and Family Agency (CAFA)
Defendant: J. D.
Other party: R.P.D
Questions referred
1. |
Does Article 15 of Regulation 2201/2003 (1) apply to public law care applications by a local authority in a member state, when if the Court of another member state assumes jurisdiction, it will necessitate the commencement of separate proceedings by a different body pursuant to a different legal code and possibly, if not probably, relating to different factual circumstances? |
2. |
If so, to what extent, if any, should a court consider the likely impact of any request under Article 15 if accepted, upon the right of freedom of movement of the individuals affected? |
3. |
If the ‘best interests of the child’ in Article 15.1 of Regulation 2201/2003 refers only to the decision as to forum, what factors may a court consider under this heading, which have not already been considered in determining whether another court is ‘better placed’? |
4. |
May a court for the purposes of Article 15 of Regulation 2201/2003 have regard to the substantive law, procedural provisions, or practice of the courts of the relevant member state? |
5. |
To what extent should a national court, in considering Article 15 of Regulation 2201/2003, have regard to the specific circumstances of the case, including the desire of a mother to move beyond the reach of the social services of her home state, and thereafter give birth to her child in another jurisdiction with a social services system she considers more favourable? |
6. |
Precisely what matters are to be considered by a national court in determining which court is best placed to determine the matter? |
(1) Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) no 1347/2000 OJ L 338, p. 1.