Proceedings brought by Alessandro Saponaro and Kalliopi-Chloi Xylina.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Fernlund
• ECLI: ECLI:EU:C:2018:265
• Date: 19 April 2018
• Docket Number: C-565/16
• Procedure Type: Reference for a preliminary ruling

Provisional text

JUDGMENT OF THE COURT (Sixth Chamber)

19 April 2018(*)

(Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility — Regulation (EC) No 2201/2003 — Court of a Member State seised with an application for judicial authorisation to renounce an inheritance on behalf of a minor child — Jurisdiction in matters of parental responsibility — Prorogation of jurisdiction — Article 12(3)(b) — Acceptance of jurisdiction — Conditions)

In Case C–565/16,

REQUEST for a preliminary ruling under Article 267 TFEU from the Eirinodikeio Lerou (Small Claims Court, Leros, Greece), made by decision of 25 October 2016, received at the Court on 9 November 2016, in the proceedings brought by

Alessandro Saponaro,

Kalliopi-Chloi Xylina,

THE COURT (Sixth Chamber),

composed of C.G. Fernlund (Rapporteur), President of the Chamber, A. Arabadjiev and E. Regan, Judges,

Advocate General: E. Tanchev,

Registrar: A. Calot Escobar,

having regard to the written procedure,

after considering the observations submitted on behalf of

– the Greek Government, by T. Papadopoulou, G. Papadaki and E. Tsaousi, acting as Agents,

– the European Commission, by M. Wilderspin and A Katsimerou, acting as Agents,

after hearing the Opinion of the Advocate General at the sitting on 6 December 2017,

gives the following

Judgment

1 This request for a preliminary ruling concerns the interpretation of Article 12(3)(b) of 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).

2 The request has been made in proceedings between Mr Alessandro Saponaro and Ms Kalliopi-ChloiXylina on behalf of their minor child, seeking judicial authorisation to renounce an inheritance intended for the latter.

Legal context

European Union law

3 Recital 12 of Regulation No 2201/2003 is worded as follows:

‘The grounds of jurisdiction in matters of parental responsibility established in the present Regulation are shaped in the light of the best interests of the child, in particular on the criterion of proximity. This means that jurisdiction should lie in the first place with the Member State of the child’s habitual residence, except for certain cases of a change in the child’s residence or pursuant to an agreement between the holders of parental responsibility.’

4 Article 1 of the regulation states:

‘1. This Regulation shall apply, whatever the nature of the court or tribunal, in civil matters relating to:

...

(b) the attribution, exercise, delegation, restriction or termination of parental responsibility.

2. The matters referred to in paragraph 1(b) may, in particular, deal with:

...

(e) measures for the protection of the child relating to the administration, conservation or disposal of the child’s property.

3. This Regulation shall not apply to:

...

(f) trusts or succession;

... ’

5 Article 8 of the regulation, headed ‘General jurisdiction’, provides:

‘1. The courts of a Member State shall have jurisdiction in matters of parental responsibility over a child who is habitually resident in that Member State at the time the court is seised.

2. Paragraph 1 shall be subject to the provisions of Articles 9, 10 and 12.’

6 Article 12 of the regulation, entitled ‘Prorogation of jurisdiction', provides, in paragraphs (1) and (2) to (3):

‘1. The courts of a Member State exercising jurisdiction by virtue of Article 3 on an application for divorce, legal separation or marriage annulment shall have jurisdiction in any matter relating to parental responsibility connected with that application where:

...

(b) the jurisdiction of the courts has been accepted expressly or otherwise in an unequivocal manner by the spouses and by the holders of parental responsibility, at the time the court is seised, and it is in the superior interests of the child.

2. The jurisdiction conferred in paragraph 1 shall cease as soon as:

(a) the judgment allowing or refusing the application for divorce, legal separation or marriage annulment has become final;

(b) in those cases where proceedings in relation to parental responsibility are still pending on the date referred to in (a), a judgment in these proceedings has become final;

(c) the proceedings referred to in (a) and (b) have come to an end for another reason.

3. The courts of a Member State shall also have jurisdiction in relation to parental responsibility in proceedings other than those referred to in paragraph 1 where:

(a) the child has a substantial connection with that Member State, in particular by virtue of the fact that one of the holders of parental responsibility is habitually resident in that Member State or that the child is a national of that Member State,

and

(b) the jurisdiction of the courts has been accepted expressly or otherwise in an unequivocal manner by all the parties to the proceedings at the time the court is seised and is in the best interests of the child.’

Greek law

7 Under Article 797 of the Kodikas Politikis Dikonomias (Code of Civil Procedure), when leave is sought on behalf of a minor child by a person holding parental responsibility, the competent court is the small claims court of the place where the child is habitually resident, under the voluntary jurisdiction procedure.

8 From reading together the provisions of Article 748(2) and Article 750 of the Code of Civil Procedure, it is clear that a copy of the petition with notification of the fixing of a hearing date must be sent to the eisangeleas protodikon (prosecutor before the first instance courts of the area, ‘the prosecutor’) who has the right to appear at the hearing and before the small claims court.

9 The prosecutor has the quality of a ‘party’ to the non-contentious proceedings and has the right to undertake any procedural steps, for example to submit an appeal, irrespective of whether or not the prosecutor was summoned to the hearing and irrespective of whether he has appeared at the hearing.

The dispute in the main proceedings and the question referred for a preliminary ruling

10 Mr Sapanoro and Ms Xylina, acting on behalf of their minor child, have made an application to the Eirinodikeio Lerou (Small Claims Court, Leros, Greece) for authorisation to renounce the inheritence from the maternal grandfather (‘the deceased’) of that child.

11 The deceased died intestate on 10 May 2015. At the date of his death, he was living in Greece. His estate comprises a car and...