1.

Is Article 1(2) of the Brussels I Regulation (1) to be interpreted as meaning that cases concerning the enforcement of a penalty payment (astreinte) imposed to ensure compliance with the principal obligation in a case concerning child custody or rights of access are outside the scope of the regulation?

2.

If the cases set out in the preceding paragraph fall within the scope of the Brussels I Regulation, is Article 49 of the Brussels I Regulation to be interpreted as meaning that a periodic penalty payment which is enforceable as such in the amount stated in the State in which judgment was given, but whose final amount may be changed on the application or arguments of the party subject to the penalty payment, is enforceable in a Member State only if its amount has been separately determined in the State in which judgment was given?

3.

If cases such as those identified above are outside the scope of the Brussels I Regulation, is Article 47(1) of the Brussels IIa Regulation (2) to be interpreted as meaning that sanctions and protective measures concerning child custody and rights of access fall within the enforcement procedure referred to in that provision which is governed by the legislation of the Member State of enforcement, or can they form part of the judgment concerning child custody and rights of access which is enforceable in another Member State under the Brussels IIa Regulation?

4.

When enforcement of a penalty payment is sought in another Member State, is it a requirement that the amount of the penalty payment to be enforced has been finally determined separately in the Member State in which judgment was given, even if the Brussels I Regulation does not apply in the enforcement proceedings?

5.

If a periodic penalty payment (astreinte) imposed as a means to ensure compliance with rights of access is enforceable in another Member State without the amount of the penalty payment to be enforced having separately been finally determined: