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Document 62009CN0403

Case C-403/09: Reference for a preliminary ruling from the Višje sodišče v Mariboru (Republic of Slovenia) lodged on 20 October 2009 — Jasna Detiček v Maurizio Sgueglia

OJ C 312, 19.12.2009, p. 24–24 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

Date of document:
20/10/2009
Date lodged:
20/10/2009
Author:
Court of Justice
Form:
Judicial information
Authentic language:
Slovenian
Type of procedure:
Reference for a preliminary ruling
Link
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Case affecting:
  • request for interpretation 32003R2201 article 20
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19.12.2009   

EN

Official Journal of the European Union

C 312/24

Reference for a preliminary ruling from the Višje sodišče v Mariboru (Republic of Slovenia) lodged on 20 October 2009 — Jasna Detiček v Maurizio Sgueglia

(Case C-403/09)

2009/C 312/39

Language of the case: Slovene

Referring court

Višje sodišče v Mariboru

Parties to the main proceedings

Applicant: Jasna Detiček

Defendant: Maurizio Sgueglia

Questions referred for a preliminary ruling

1.

Does a court of the Republic of Slovenia (a Member State of the European Communities) have jurisdiction under Article 20 of Council Regulation (EC) No 2201/2003 (1) to take protective measures in a situation in which a court of another Member State, having by virtue of that regulation jurisdiction as to the substance, has already taken a protective measure declared enforceable in the Republic of Slovenia?

If the answer to the first question is in the affirmative:

2.

May a Slovene court, pursuant to national law (as permitted by Article 20 of the regulation), take a protective measure under Article 20 of the regulation amending or rendering inoperative a final and enforceable protective measure taken by a court of another Member State which under that regulation has jurisdiction as to the substance?

(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).

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