Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 21 September 2015 — R v S and T

(Case C-492/15)

(2015/C 398/23)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Respondent and applicant: R

Applicants and respondents: S and T

Question referred

Does Article 35(1) of Council Regulation (EC) No 2201/2003 (1) of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (Brussels IIa Regulation) preclude a stay, by the appellate court, of proceedings for non-recognition under Article 21(3) of the regulation or for a declaration of enforceability under Article 28 et seq. of the regulation if an application is lodged in the Member State of enforcement for amendment of the judgment on rights of custody of the State of origin which is to be declared enforceable and the Member State of enforcement has international jurisdiction for that application for amendment?

(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 2003 L 338, p. 1).