Court’s denial of the parties' agreement concluded in a Member State of the European Union

DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Abstract

The Court finds that the provisions of Article 23(f) of Regulation (EC) No 2201/2003, which establishes a ground for denial of a judgment or an agreement under Article 46 of that regulation where the latter is irreconcilable with a later judgment relating to parental responsibility given in another Member State or in the non-member country in which the child is habitually resident, are applicable in the present case, since the later judgment meets the conditions necessary for its recognition in the Member State in which recognition is sought.