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Document 62009CA0256

    Case C-256/09: Judgment of the Court (Second Chamber) of 15 July 2010 (reference for a preliminary ruling from the Bundesgerichtshof (Germany)) — Bianca Purrucker v Guillermo Vallés Pérez (Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility — Regulation (EC) No 2201/2003 — Provisional, including protective, measures — Recognition and enforcement)

    IO C 246, 11.9.2010, p. 10–11 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    11.9.2010   

    EN

    Official Journal of the European Union

    C 246/10


    Judgment of the Court (Second Chamber) of 15 July 2010 (reference for a preliminary ruling from the Bundesgerichtshof (Germany)) — Bianca Purrucker v Guillermo Vallés Pérez

    (Case C-256/09) (1)

    (Judicial cooperation in civil matters - Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility - Regulation (EC) No 2201/2003 - Provisional, including protective, measures - Recognition and enforcement)

    2010/C 246/16

    Language of the case: German

    Referring court

    Bundesgerichtshof

    Parties to the main proceedings

    Applicant: Bianca Purrucker

    Defendant: Guillermo Vallés Pérez

    Re:

    Reference for a preliminary ruling — Bundesgerichtshof — Interpretation of Chapter 3 of 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) — Application of the recognition and enforcement rules in that regulation to a provisional measure awarding custody of a child to its father and ordering the return of the child, retained by its mother in another Member State, to its father

    Operative part of the judgment

    The provisions laid down in Article 21 et seq. of 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, do not apply to provisional measures, relating to rights of custody, falling within the scope of Article 20 of that regulation.


    (1)  OJ C 220, 12.9.2009.


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