91998E3588

WRITTEN QUESTION E-3588/98

by Alexandros Alavanos (GUE/NGL) to the Commission

(3 December 1998)

Subject: Difference of opinion between courts of EU Member States

A Greek man and a Danish woman married in Greece and had a child who has Greek nationality. The marriage was subsequently dissolved by common consent by a divorce issued by a Danish court, and custody was awarded to the mother, without any arrangements being made for access rights for the father. A Greek court later laid down arrangements governing access rights which were, however, rejected by the Danish court, so that the child has no access to the father.

Will the Commission say:

1. Which court is competent to judge which parent should have custody of the child and lay down rules governing the conditions of direct access to the other parent?

2. If a judgment has already been handed down on custody and access rights which fails to satisfy one of the parents, what procedure can be used to review the judgment?

Answer given by Mr Santer on behalf of the Commission

(21 January 1999)

The Commission is not competent to answer the two questions raised by the Honourable Member.

However, on 28 May 1998, on the basis of Article K.3 of the Treaty on European Union, the Council drew up the convention on jurisdiction and the recognition and enforcement of judgments in matrimonial matters (1). Its aim is to settle problems of the type raised by the Honourable Member, and it is currently in the process of ratification by the Member States pursuant to Article 47.

(1) OJ C 221, 16.7.1998.