Language of document :

Reference for a preliminary ruling from the Court of Appeal (Ireland) made on 17 May 2018 – Hampshire County Council v C.E., N.E.

(Case C-325/18)

Language of the case: English

Referring court

Court of Appeal

Parties to the main proceedings

Applicant: Hampshire County Council

Defendants: C.E., N.E.

Questions referred

Where it is alleged that children have been wrongfully taken from the country of their habitual residence by their parents and/or other family members in breach of a court order obtained by a public authority of that State, may that public authority apply to have any court order directing the return of the children to that jurisdiction enforced in the courts of another Member State pursuant to the provisions of Chapter III Council of Regulation (EC) No. 2201/20031 or would this amount to a wrongful circumvention of Article 11 of that Regulation and the 1980 Hague Convention or otherwise amount to an abuse of rights or law on the part of the authority concerned?

In a case concerning the enforcement provisions of Council Regulation (EC) 2201/2003 is there a jurisdiction to extend time for the purposes of Article 33(5) where the delays are essentially de minimis and an extension of time would otherwise have been granted by reference to national procedural law?

Without prejudice to question (2) where a foreign public authority removes the children, the subject matter of the dispute, from the jurisdiction of a Member State pursuant to an enforcement order made ex parte in accordance with Art. 31 of Council Regulation (EC) 2201/2003 but before the service of such orderon the parents thereby depriving them of their rights to apply for a stay of such an order pending an appeal, does such conduct compromise the essence of ‘parents’ entitlement under Article 6 ECHR or Article 47 of the Charter such that an extension of time (for the purposes of Article 33(5) of that Regulation) should otherwise be granted?


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).