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10 J. Priv. Int'l L. 1 (2014)

handle is hein.journals/jrlpil10 and id is 1 raw text is: Vol. 10 No. 1

Journal of Private International Law

DOI:10.5235/17441048.10.1.1
FIRST CORNERSTONES OF THE EU RULES ON
CROSS-BORDER CHILD CASES: THE JURISPRUDENCE
OF THE COURT OF JUSTICE OF THE EUROPEAN
UNION ON THE BRUSSELS IIA REGULATION FROM
C TO HEALTH SERVICE EXECUTIVE
ANATOL DUTTA* and ANDREA SCHULZ**
Since the Brussels Ila Regulation' became applicable for national courts in
2005, the Court of Justice of the European Union (CJEU) can be welcomed
within the circle of the European family courts. The Court has so far dealt, in
particular, with the part of Brussels Ila dedicated to child matters, in case C
in 2007, in Rinau3 in 2008, in A' and DetileP in 2009 and in Povse,6 Purrucker I,
McBf Purrucker II,9 Aguirre  arraga o and Mercredi in 2010. In 2012, a judg-
ment concerning the cross-border placement of children followed in the case
of Health Service Executive (HSE).12 Some aspects of these decisions are reviewed
in this paper but not so as to present a comprehensive analysis of the Regula-
tion. Rather it shall provide - as a kind of series of interconnected case notes
* Dr iur (Hamburg), M Jur (Oxon); Professor at the University of Regensburg (Germany),
** Dr iur (Hamburg), LLM (EUI Florence), Director of the German Central Authority for
International Custody Conflicts (Federal Office of Justice, Bonn, Germany). The present article
is based on an earlier contribution of the authors published - in German - in the [2012]
eitschrtftfir Europiisches Privatrecht 526, which has been revised and updated.
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 paren-
tal responsibility, repealing Regulation (EC) No 1347/2000, [2003] OJ L338/1, as amended
by Council Regulation (EC) No 2116/2004 of 2 December 2004 amending Regulation (EC)
No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments
in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC)
No 1347/2000, as regards treaties with the Holy See, [2004] OJ L367/1 (concerning Malta).
2  CJEU 27 November 2007, Case C-435/06 (C [2007] ECR 1-10141.
3  CJEU 11 July 2008, Case C-195/08 PPU (Rinau) [2008] ECR I-5271.
4  CJEU 2 April 2009, Case C-523/07 (A) [2009] ECR I-2805.
5  CJEU 23 December 2009, Case C-403/09 PPU (Detilek) [2009] ECR 1-12193.
6  CJEU 1 July 2010, Case C-211/10 PPU (Povse) [2010] ECR 1-6669.
CJEU 15 July 2010, Case C-256/09 (Purrucker I [2010] ECR 1-7349.
CJEU 5 October 2010, Case C-400/10 PPU (McB) [2010] ECR I-8965.
CJEU 9 November 2010, Case C-296/10 (Purrucker II) [2010] ECR 1-11163.
o CJEU 22 December 2010, Case C-491/10 PPU (Aguire 7arraga) [2010] ECR 1-14247.
CJEU 22 December 2010, Case C-497/10 PPU (Mecredi [2010] ECR 1-14309.
i CJEU 26 April 2012, Case C-92/12 PPU (Health Servce Executive, hereinafter HSE, unreported.

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