26.1.2015 |
EN |
Official Journal of the European Union |
C 26/10 |
Reference for a preliminary ruling from High Court of Justice, Family Division (England and Wales) (United Kingdom) made on 4 November 2014 — A v B
(Case C-489/14)
(2015/C 026/13)
Language of the case: English
Referring court
High Court of Justice, Family Division (England and Wales)
Parties to the main proceedings
Applicant: A
Defendant: B
Questions referred
1. |
For the purposes of Article 19(1) and (3) (1), what does ‘established’ mean, in circumstances where:-
|
2. |
In particular, does ‘established’ import that the applicant in the first proceedings must take steps to progress the first proceedings with due diligence and expedition to a resolution of the dispute (whether by the Court or by agreement), or is the applicant in the first proceedings, having once secured jurisdiction under Articles 3 and 19(1), free to take no substantive steps at all towards resolution of the first proceedings as above and free thereby simply to secure a stop of the second proceedings and a stalemate in the dispute as a whole? |
(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