Request for a preliminary ruling from the Sofiyski rayonen sad (Bulgaria) lodged on 29 June 2023 – E. M. A., E. M. A., M. I. A.
(Case C-395/23, Anikovi) 1
Language of the case: Bulgarian
Referring court
Sofiyski rayonen sad
Parties to the main proceedings
Applicants in non-contentious proceedings: E. M. A., E.M.A., M. I. A.
Questions referred
Does the scope of Article 1(e) of Council Regulation (EU) 2019/1111 1 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction, cover non-contentious proceedings concerning the granting of permission by a court for the disposal, e.g. a sale, of immovable property or co-ownership shares in immovable property belonging to a child?
Which regulation determines the international jurisdiction of a court of a Member State of the European Union in non-contentious proceedings concerning the granting of permission by a court for the disposal, e.g. a sale, of immovable property or co-ownership shares in immovable property belonging to a child: (i) Article 7(1) of Regulation 2019/1111 – the court for the place where the child is habitually resident – or (ii) Article 4(1)(c) of Regulation (EC) No 593/2008 1 or Article 24(1) of Regulation (EU) No 1215/2012 2 – the court for the place where the immovable property is situated?
Are the rules of Regulation 2019/1111 on international jurisdiction in matters of parental responsibility derogated from by a bilateral international agreement between a Member State (Bulgaria) and a third country (the Soviet Union or the Russian Federation) which was concluded before the Member State’s accession to the European Union, if that international agreement is not listed in Chapter VIII of Regulation 2019/1111?
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1 The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.
1 OJ 2019 L 178, p. 1.
1 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ 2008 L 177, p. 6).
1 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2012 L 351, p. 1).