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Document 62012CN0092

Case C-92/12: Reference for a preliminary ruling from High Court of Ireland (Ireland) made on 17 February 2012 — Health Service Executive v SC, AC

OJ C 133, 5.5.2012, p. 18–19 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

5.5.2012   

EN

Official Journal of the European Union

C 133/18

Reference for a preliminary ruling from High Court of Ireland (Ireland) made on 17 February 2012 — Health Service Executive v SC, AC

(Case C-92/12)

2012/C 133/33

Language of the case: English

Referring court

High Court of Ireland

Parties to the main proceedings

Applicant: Health Service Executive

Defendants: SC, AC

Questions referred

1.

Does a judgment which provides for the detention of a child for a specified time in another Member State in an institution providing therapeutic and educational care come within the material scope of Council Regulation No 2201/2003 (1)?

2.

If the answer to Question one is yes, what obligations, if any, arise out of Article 56 of Council Regulation No 2201/2003 as to the nature of the consultation and consent mechanism to ensure the effective protection of a child who is to be so detained.

3.

Where a Court of a Member State has contemplated the placement of a child for a specified time in a residential care institution in another Member State and has obtained the consent of that State in accordance with Article 56 of Council Regulation 2201/2003, must the judgment of the court directing the placement of a child for a specified time in a residential care institution situated in another Member State be recognised and/or declared enforceable in that other Member State as a precondition to the placement being effected?

4.

Does a judgment of the court directing the placement of the child for a specified time in a residential care institution situated in another Member State and which has been consented to by that Member State in accordance with Article 56 of Council Regulation 2201/2003 have any legal effect in that other Member State prior to the grant of a declaration of recognition and/or enforceability upon the completion of the proceedings seeking such declaration of recognition and/or enforceability?

5.

Where a judgment of the court directing the placement of the child for a specified time in a residential care institution situated in another Member State under Article 56 of Council Regulation 2201/2003 is renewed for a further specified time must the Article 56 consent of the other Member State be obtained upon the occasion of each renewal?

6.

Where a judgment of the court directing the placement of the child for a specified time in a residential care institution situated in another Member state under Article 56 of Council Regulation 2201/2003 is renewed for a further specified time must the judgment be recognised and/or enforced in that other Member State upon the occasion of each renewal?

(1)  OJ L 338, p. 1

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