Input: "The" "Court" "may" "refuse" "to" "rule" "on" "a" "question" "referred" "for" "a" "preliminary" "ruling" "by" "a" "national" "court" "only" "where" "it" "is" "quite" "obvious" "that" "the" "interpretation" "of" "EU" "law" "that" "is" "sought" "bears" "no" "relation" "to" "the" "actual" "facts" "of" "the" "main" "action" "or" "its" "purpose" "," "where" "the" "problem" "is" "hypothetical" "," "or" "where" "the" "Court" "does" "not" "have" "before" "it" "the" "factual" "or" "legal" "material" "necessary" "to" "give" "a" "useful" "answer" "to" "the" "questions" "submitted" "to" "it" "(" "judgment" "of" "7" "February" "2018" "," "American" "Express" "," "C" "‑" "304" "/" "16" "," "EU" ":" "C" ":" "2018" ":" "66" "," "paragraph" "32" "and" "the" "case-law" "cited" ")" "." "52" "In" "the" "present" "case" "," "it" "is" "apparent" "from" "the" "file" "before" "the" "Court" "that" "the" "Administrative" "Commission" "issued" "an" "opinion" "on" "9" "May" "2016" "," "according" "to" "which" "Article" "12" "(" "1" ")" "of" "Regulation" "No" "883" "/" "2004" "must" "be" "interpreted" "as" "meaning" "that" "the" "A1" "certificates" "at" "issue" "in" "the" "main" "proceedings" "should" "never" "have" "been" "issued" "and" "that" "they" "should" "be" "withdrawn" "," "that" "opinion" "being" "subsequently" "approved" "by" "that" "commission" "during" "its" "347th" "meeting" "on" "20" "and" "21" "June" "2016" "." "53" "However" "," "it" "is" "common" "ground" "that" "those" "certificates" "have" "not" "been" "withdrawn" "by" "the" "competent" "institution" "in" "Hungary" "or" "declared" "invalid" "by" "the" "Hungarian" "courts" "." "54" "It" "is" "also" "clear" "from" "the" "file" "submitted" "to" "the" "Court" "that" "the" "Republic" "of" "Austria" "and" "Hungary" "have" "not" "reached" "an" "agreement" "concerning" "the" "conditions" "for" "a" "possible" "withdrawal" "of" "those" "certificates" "or" "," "at" "least" "," "with" "regard" "to" "some" "of" "them" "."


Input: "Furthermore" "," "it" "appears" "from" "the" "file" "that" "the" "application" "of" "that" "opinion" "has" "been" "suspended" "in" "light" "of" "the" "present" "reference" "for" "a" "preliminary" "ruling" "in" "the" "context" "of" "which" "the" "Hungarian" "Government" "submits" "," "inter" "alia" "," "that" "the" "competent" "Hungarian" "institution" "rightly" "issued" "the" "A1" "certificates" "at" "issue" "in" "the" "main" "proceedings" "under" "Article" "12" "(" "1" ")" "of" "Regulation" "No" "883" "/" "2004" "." "55" "It" "follows" "that" "the" "factual" "circumstances" "characterising" "the" "dispute" "in" "the" "main" "proceedings" "," "as" "they" "appear" "from" "the" "evidence" "submitted" "to" "the" "Court" "," "correspond" "to" "the" "facts" "in" "the" "first" "part" "of" "the" "second" "question" "referred" "."


Input: "In" "those" "circumstances" "," "the" "fact" "that" "the" "Hungarian" "Government" "has" "," "at" "least" "in" "principle" "," "indicated" "its" "agreement" "with" "the" "findings" "made" "by" "the" "Administrative" "Commission" "adds" "nothing" "to" "the" "relevance" "of" "that" "question" "for" "the" "resolution" "of" "the" "dispute" "in" "the" "main" "proceedings" "." "56" "Furthermore" "," "the" "fact" "that" "the" "Administrative" "Commission" "found" "that" "the" "A1" "certificates" "at" "issue" "in" "the" "main" "proceedings" "should" "be" "withdrawn" "cannot" "," "in" "itself" "," "justify" "the" "inadmissibility" "of" "the" "present" "reference" "for" "a" "preliminary" "ruling" "," "the" "latter" "concerning" "precisely" "whether" "that" "finding" "is" "liable" "to" "have" "consequences" "concerning" "the" "binding" "nature" "of" "those" "certificates" "with" "regard" "to" "the" "authorities" "and" "the" "courts" "of" "the" "Member" "State" "in" "which" "the" "activity" "is" "carried" "on" "." "57" "In" "those" "circumstances" "," "it" "cannot" "be" "held" "that" "the" "first" "part" "of" "the" "second" "question" "is" "hypothetical" "so" "that" "the" "presumption" "of" "relevance" "referred" "to" "in" "paragraph" "51" "of" "that" "judgment" "is" "reversed" "." "–" "Substance" "58" "It" "must" "be" "recalled" "that" "," "according" "to" "Article" "72" "of" "Regulation" "No" "883" "/" "2004" "," "which" "sets" "out" "the" "duties" "of" "the" "Administrative" "Commission" "," "the" "latter" "is" "responsible" "," "inter" "alia" "," "for" "dealing" "with" "any" "administrative" "questions" "or" "questions" "of" "interpretation" "deriving" "from" "the" "provisions" "of" "that" "regulation" "or" "those" "of" "Regulation" "No" "987" "/" "2009" "or" "any" "agreement" "or" "arrangement" "concluded" "within" "the" "framework" "of" "those" "regulations" "," "without" "prejudice" "to" "the" "right" "of" "the" "authorities" "," "institutions" "or" "interested" "parties" "to" "have" "recourse" "to" "the" "procedures" "and" "to" "the" "courts" "laid" "down" "in" "the" "legislation" "of" "the" "Member" "States" "," "by" "Regulation" "No" "883" "/" "2004" "and" "by" "the" "Treaty" "." "59" "According" "to" "Article" "72" "," "the" "Administrative" "Commission" "is" "also" "responsible" "," "first" "," "for" "fostering" "and" "developing" "cooperation" "between" "Member" "States" "and" "their" "institutions" "in" "social" "security" "matters" "in" "order" "," "inter" "alia" "," "to" "take" "into" "account" "particular" "questions" "regarding" "certain" "categories" "of" "persons" "and" "," "second" "," "to" "facilitate" "realisation" "of" "actions" "of" "cross" "border" "cooperation" "activities" "in" "the" "area" "of" "the" "coordination" "of" "social" "security" "systems" "." "60" "More" "specifically" "," "as" "regards" "a" "situation" "such" "as" "that" "at" "issue" "in" "the" "main" "proceedings" "," "in" "which" "a" "difference" "has" "arisen" "between" "the" "competent" "institution" "of" "one" "Member" "State" "and" "that" "of" "another" "Member" "State" "concerning" "the" "documents" "or" "evidence" "referred" "to" "in" "Article" "5" "(" "1" ")" "of" "Regulation" "No" "987" "/" "2009" "," "paragraphs" "2" "to" "4" "thereof" "lay" "down" "a" "procedure" "for" "the" "purpose" "of" "resolving" "that" "difference" "of" "opinion" "."


Input: "In" "particular" "," "paragraphs" "2" "and" "3" "of" "that" "article" "lay" "down" "the" "steps" "that" "the" "institutions" "concerned" "are" "required" "to" "follow" "in" "the" "case" "of" "doubt" "about" "the" "validity" "of" "a" "document" "or" "the" "accuracy" "of" "the" "facts" "on" "which" "the" "particulars" "contained" "therein" "are" "based" "."


Input: "Paragraph" "4" "of" "that" "article" "provides" "that" "where" "no" "agreement" "is" "reached" "between" "the" "institutions" "concerned" "," "the" "matter" "may" "be" "brought" "before" "the" "Administrative" "Commission" "by" "the" "competent" "authorities" "which" "must" "‘" "endeavour" "to" "reconcile" "the" "points" "of" "view" "’" "within" "six" "months" "of" "the" "date" "on" "which" "the" "matter" "was" "brought" "before" "it" "." "61" "As" "the" "Court" "has" "already" "held" "with" "regard" "to" "Regulation" "No" "1408" "/" "71" "," "if" "the" "Administrative" "Commission" "does" "not" "succeed" "in" "reconciling" "the" "points" "of" "view" "of" "the" "competent" "institutions" "on" "the" "question" "of" "the" "legislation" "applicable" "," "the" "Member" "State" "in" "which" "the" "employee" "concerned" "actually" "works" "may" "," "without" "prejudice" "to" "any" "legal" "remedies" "existing" "in" "the" "Member" "State" "to" "which" "the" "issuing" "institution" "belongs" "," "at" "least" "bring" "infringement" "proceedings" "under" "Article" "259" "TFEU" "in" "order" "to" "enable" "the" "Court" "to" "examine" "in" "those" "proceedings" "the" "question" "of" "the" "legislation" "applicable" "to" "such" "an" "employee" "and" "," "consequently" "," "whether" "the" "information" "contained" "in" "the" "E" "101" "certificate" "is" "correct" "(" "judgment" "of" "27" "April" "2017" "," "A-Rosa" "Flusschiff" "," "C" "‑" "620" "/" "15" "," "EU" ":" "C" ":" "2017" ":" "309" "," "paragraph" "46" ")" "." "62" "Therefore" "," "it" "must" "be" "held" "that" "the" "Administrative" "Commission" "’" "s" "role" "in" "the" "procedure" "laid" "down" "in" "Article" "5" "(" "2" ")" "to" "(" "4" ")" "of" "Regulation" "No" "987" "/" "2009" "is" "merely" "to" "reconcile" "the" "points" "of" "view" "of" "the" "competent" "authorities" "of" "the" "Member" "State" "which" "brought" "the" "matter" "before" "it" "." "63" "That" "finding" "is" "not" "called" "into" "question" "by" "Article" "89" "(" "3" ")" "of" "Regulation" "No" "987" "/" "2009" "," "which" "provides" "that" "the" "competent" "authorities" "must" "ensure" "that" "their" "institutions" "are" "aware" "of" "and" "apply" "all" "the" "EU" "provisions" "," "legislative" "or" "otherwise" "," "including" "the" "decisions" "of" "the" "Administrative" "Commission" "," "in" "the" "areas" "covered" "by" "Regulations" "Nos" "883" "/" "2004" "and" "987" "/" "2009" "and" "under" "the" "conditions" "for" "which" "they" "provide" "," "since" "that" "provision" "does" "not" "intend" "in" "any" "way" "to" "change" "the" "role" "of" "the" "Administrative" "Commission" "within" "the" "framework" "of" "the" "procedure" "to" "which" "it" "refers" "in" "the" "preceding" "paragraph" "and" "thus" "the" "status" "of" "an" "opinion" "on" "the" "conclusions" "reached" "by" "that" "commission" "in" "that" "procedure" "." "64" "Accordingly" "," "the" "answer" "to" "the" "first" "part" "of" "the" "second" "question" "is" "that" "Article" "5" "(" "1" ")" "of" "Regulation" "No" "987" "/" "2009" "," "read" "together" "with" "Article" "19" "(" "2" ")" "thereof" "," "must" "be" "interpreted" "as" "meaning" "that" "an" "A1" "certificate" "issued" "by" "the" "competent" "institution" "of" "a" "Member" "State" "under" "Article" "12" "(" "1" ")" "of" "Regulation" "No" "883" "/" "2004" "is" "binding" "on" "both" "the" "social" "security" "institutions" "of" "the" "Member" "State" "in" "which" "the" "activity" "is" "carried" "out" "and" "the" "courts" "of" "that" "Member" "State" "," "so" "long" "as" "the" "certificate" "has" "not" "been" "withdrawn" "or" "declared" "invalid" "by" "the" "Member" "State" "in" "which" "was" "issued" "," "even" "though" "the" "competent" "authorities" "of" "the" "latter" "Member" "State" "and" "the" "Member" "State" "in" "which" "the" "activity" "is" "carried" "out" "have" "brought" "the" "matter" "before" "the" "Administrative" "Commission" "which" "held" "that" "that" "certificate" "was" "incorrectly" "issued" "and" "should" "be" "withdrawn" "."


Input: "The" "second" "part" "of" "the" "second" "question" "65" "By" "the" "second" "part" "of" "the" "second" "question" "," "the" "referring" "court" "asks" "essentially" "whether" "Article" "5" "(" "1" ")" "of" "Regulation" "No" "987" "/" "2009" "," "read" "together" "with" "Article" "19" "(" "2" ")" "thereof" "," "must" "be" "interpreted" "as" "meaning" "that" "an" "A1" "certificate" "issued" "by" "the" "competent" "institution" "of" "a" "Member" "State" "under" "Article" "12" "(" "1" ")" "of" "Regulation" "No" "883" "/" "2004" "," "binds" "both" "the" "social" "security" "institutions" "of" "the" "Member" "State" "in" "which" "the" "activity" "was" "carried" "out" "and" "the" "courts" "of" "that" "Member" "State" "," "if" "necessary" "," "with" "retroactive" "effect" "," "even" "though" "that" "certificate" "was" "issued" "only" "after" "that" "Member" "State" "determined" "that" "the" "worker" "was" "subject" "to" "compulsory" "insurance" "under" "its" "legislation" "." "–" "Admissibility" "66" "The" "Hungarian" "Government" "submits" "that" "the" "present" "question" "is" "hypothetical" "," "since" "no" "A1" "certificate" "was" "issued" "retroactively" "," "after" "the" "Austrian" "authorities" "determined" "that" "the" "workers" "concerned" "were" "subject" "to" "compulsory" "insurance" "under" "Austrian" "law" "." "67" "According" "to" "the" "information" "provided" "in" "the" "order" "for" "reference" "," "some" "of" "the" "A1" "certificates" "at" "issue" "in" "the" "main" "proceedings" "were" "issued" "retroactively" "."


Input: "It" "is" "also" "clear" "from" "that" "decision" "that" "the" "Austrian" "institution" "had" "already" "determined" "that" "some" "of" "the" "workers" "concerned" "were" "subject" "to" "compulsory" "insurance" "under" "Austrian" "law" "before" "the" "competent" "Hungarian" "authority" "issued" "A1" "certificates" "for" "those" "workers" "." "68" "According" "to" "settled" "case-law" "," "it" "is" "for" "the" "national" "court" "to" "find" "the" "facts" "and" "determine" "the" "relevance" "of" "the" "questions" "it" "wishes" "to" "ask" "(" "see" "," "to" "that" "effect" "," "judgments" "of" "26" "October" "2016" "," "Hoogstad" "," "C" "‑" "269" "/" "15" "," "EU" ":" "C" ":" "2016" ":" "802" "," "paragraph" "19" "," "and" "of" "27" "April" "2017" "," "A-Rosa" "Flussschiff" "," "C" "‑" "620" "/" "15" "," "EU" ":" "C" ":" "2017" ":" "309" "," "paragraph" "35" ")" "." "69" "It" "follows" "that" "the" "second" "part" "of" "the" "second" "question" "must" "be" "regarded" "as" "admissible" "since" "," "according" "to" "the" "information" "provided" "by" "the" "referring" "court" "," "the" "answer" "given" "by" "the" "Court" "of" "Justice" "may" "be" "useful" "to" "that" "court" "in" "order" "to" "determine" "whether" "at" "least" "some" "of" "the" "A1" "certificates" "at" "issue" "are" "binding" "." "–" "Substance" "70" "First" "of" "all" "," "it" "must" "be" "recalled" "that" "an" "E" "101" "certificate" "," "issued" "in" "accordance" "with" "Article" "11a" "of" "Regulation" "No" "574" "/" "72" "," "may" "have" "a" "retroactive" "effect" "."


Input: "In" "particular" "," "while" "it" "is" "preferable" "that" "such" "a" "certificate" "is" "issued" "before" "the" "beginning" "of" "the" "period" "concerned" "," "it" "may" "also" "be" "issued" "during" "that" "period" "or" "indeed" "after" "its" "expiry" "(" "see" "," "to" "that" "effect" "," "judgment" "of" "30" "March" "2000" "," "Banks" "and" "Others" "," "C" "‑" "178" "/" "97" "," "EU" ":" "C" ":" "2000" ":" "169" "," "paragraphs" "52" "to" "57" ")" "." "71" "As" "is" "clear" "from" "Regulations" "Nos" "883" "/" "2004" "and" "987" "/" "2009" "," "there" "is" "no" "provision" "of" "EU" "law" "which" "prevents" "the" "application" "of" "that" "finding" "to" "A1" "certificates" "." "72" "In" "particular" "," "it" "is" "true" "that" "Article" "15" "(" "1" ")" "of" "Regulation" "No" "987" "/" "2009" "provided" "," "in" "the" "version" "applicable" "at" "the" "beginning" "of" "the" "period" "concerned" "," "that" "‘" "where" "a" "person" "pursues" "his" "activity" "in" "a" "Member" "State" "other" "than" "the" "Member" "State" "competent" "under" "Title" "II" "of" "[" "Regulation" "No" "883" "/" "2004" "]" "," "the" "employer" "or" "," "in" "the" "case" "of" "a" "person" "who" "does" "not" "pursue" "an" "activity" "as" "an" "employed" "person" "," "the" "person" "concerned" "shall" "inform" "the" "competent" "institution" "of" "the" "Member" "State" "whose" "legislation" "is" "applicable" "thereof" "," "whenever" "possible" "in" "advance" "’" "and" "that" "‘" "that" "institution" "shall" "without" "delay" "make" "information" "concerning" "the" "legislation" "applicable" "to" "the" "person" "concerned" "…" "available" "to" "the" "person" "concerned" "and" "to" "the" "institution" "designated" "by" "the" "competent" "authority" "of" "the" "Member" "State" "in" "which" "the" "activity" "is" "pursued" "’" "."


Input: "However" "," "the" "issue" "of" "an" "A1" "certificate" "during" "or" "even" "after" "the" "end" "of" "the" "period" "of" "employment" "concerned" "is" "still" "possible" "." "73" "Therefore" "," "it" "must" "then" "be" "determined" "whether" "an" "A1" "certificate" "may" "apply" "with" "retroactive" "effect" "," "even" "though" "," "at" "the" "date" "on" "which" "that" "certificate" "was" "issued" "," "there" "was" "already" "a" "decision" "of" "the" "competent" "institution" "of" "the" "Member" "State" "in" "which" "the" "activity" "is" "carried" "out" "according" "to" "which" "the" "worker" "concerned" "is" "subject" "to" "the" "legislation" "of" "that" "Member" "State" "." "74" "In" "that" "connection" "," "it" "must" "be" "recalled" "," "as" "is" "clear" "from" "the" "answer" "to" "the" "first" "question" "set" "out" "in" "paragraphs" "36" "to" "47" "of" "the" "present" "judgment" "," "that" "so" "long" "as" "it" "has" "not" "been" "withdrawn" "or" "declared" "invalid" "," "an" "A1" "certificate" "issued" "by" "the" "competent" "institution" "of" "a" "Member" "State" "under" "Article" "12" "(" "1" ")" "of" "Regulation" "No" "883" "/" "2004" "," "like" "its" "predecessor" "the" "E" "101" "certificate" "," "binds" "both" "the" "social" "security" "institutions" "of" "the" "Member" "State" "in" "which" "the" "activity" "is" "carried" "out" "and" "the" "courts" "of" "that" "Member" "State" "." "75" "Consequently" "," "in" "those" "specific" "circumstances" "," "it" "cannot" "be" "held" "that" "a" "decision" "such" "as" "that" "at" "issue" "in" "the" "main" "proceedings" "," "by" "which" "the" "competent" "institution" "of" "the" "Member" "State" "in" "which" "the" "activity" "is" "carried" "out" "decides" "to" "make" "the" "workers" "concerned" "subject" "to" "compulsory" "insurance" "under" "its" "legislation" "," "constitutes" "a" "document" "‘" "showing" "’" "the" "position" "of" "the" "person" "concerned" "," "within" "the" "meaning" "of" "Article" "5" "(" "1" ")" "of" "Regulation" "No" "987" "/" "2009" "." "76" "Finally" "," "it" "must" "be" "added" "," "as" "the" "Advocate" "General" "observed" "in" "point" "66" "of" "his" "Opinion" "," "that" "the" "question" "whether" "the" "authorities" "concerned" "in" "the" "case" "in" "the" "main" "proceedings" "ought" "to" "have" "had" "recourse" "to" "the" "provisional" "application" "of" "one" "legislation" "under" "Article" "6" "of" "Regulation" "No" "987" "/" "2009" "according" "to" "the" "order" "of" "priority" "of" "the" "applicable" "legislation" "provided" "for" "therein" "," "is" "without" "prejudice" "to" "the" "binding" "effect" "of" "the" "A1" "certificates" "at" "issue" "."


Input: "In" "particular" "," "under" "Article" "6" "(" "1" ")" "the" "rules" "governing" "a" "difference" "of" "views" "relating" "to" "the" "provisional" "application" "of" "legislation" "apply" "‘" "unless" "otherwise" "provided" "for" "in" "[" "that" "regulation" "]" "’" "." "77" "Having" "regard" "to" "the" "foregoing" "considerations" "," "the" "answer" "to" "the" "second" "part" "of" "the" "second" "question" "is" "that" "Article" "5" "(" "1" ")" "of" "Regulation" "No" "987" "/" "2009" "," "read" "together" "with" "Article" "19" "(" "2" ")" "thereof" "," "must" "be" "interpreted" "as" "meaning" "that" "an" "A1" "certificate" "issued" "by" "the" "competent" "institution" "of" "a" "Member" "State" "under" "Article" "12" "(" "1" ")" "of" "Regulation" "No" "883" "/" "2004" "," "is" "binding" "on" "both" "the" "social" "security" "institutions" "of" "the" "Member" "State" "in" "which" "the" "activity" "is" "carried" "out" "and" "the" "courts" "of" "that" "Member" "State" "," "if" "appropriate" "with" "retroactive" "effect" "," "even" "though" "that" "certificate" "was" "issued" "only" "after" "that" "Member" "State" "determined" "that" "the" "worker" "concerned" "was" "subject" "to" "compulsory" "insurance" "under" "its" "legislation" "."


Input: "The" "third" "question" "78" "By" "its" "third" "question" "," "the" "referring" "court" "asks" "essentially" "whether" "Article" "12" "(" "1" ")" "of" "Regulation" "No" "883" "/" "2004" "must" "be" "interpreted" "as" "meaning" "that" "," "in" "the" "case" "of" "a" "worker" "who" "is" "posted" "by" "his" "employer" "to" "work" "in" "another" "Member" "State" "," "is" "replaced" "by" "another" "worker" "posted" "by" "another" "employer" "," "the" "latter" "worker" "must" "be" "regarded" "as" "being" "‘" "sent" "to" "replace" "another" "person" "’" "within" "the" "meaning" "of" "that" "provision" "so" "that" "he" "cannot" "benefit" "from" "the" "specific" "rule" "laid" "down" "in" "that" "provision" "in" "order" "to" "remain" "subject" "to" "the" "legislation" "of" "the" "Member" "State" "in" "which" "his" "employer" "normally" "carries" "on" "its" "activities" "."


Input: "That" "court" "also" "asks" "whether" "the" "fact" "that" "the" "employers" "of" "the" "two" "workers" "concerned" "have" "their" "registered" "office" "in" "the" "same" "Member" "State" "or" "the" "fact" "that" "they" "may" "have" "personal" "or" "organisational" "ties" "is" "relevant" "in" "that" "regard" "." "–" "Admissibility" "79" "The" "Belgian" "Government" "submits" "that" "the" "third" "question" "is" "hypothetical" "in" "that" "it" "asks" "whether" "the" "fact" "that" "the" "second" "employer" "has" "its" "registered" "office" "in" "a" "Member" "State" "other" "than" "that" "in" "which" "the" "first" "employer" "has" "its" "registered" "office" "is" "relevant" "to" "the" "answer" "to" "the" "question" "referred" "," "even" "though" "the" "two" "employers" "concerned" "in" "the" "case" "in" "the" "main" "proceedings" "are" "established" "in" "the" "same" "Member" "State" "." "80" "In" "that" "connection" "," "it" "must" "be" "stated" "that" "the" "third" "question" "is" "not" "hypothetical" "," "for" "the" "reason" "set" "out" "in" "the" "preceding" "paragraph" "," "since" "part" "of" "that" "question" "refers" "," "by" "its" "very" "wording" "," "to" "the" "fact" "that" "the" "registered" "offices" "of" "the" "employers" "in" "question" "are" "in" "the" "same" "Member" "State" "," "a" "fact" "which" "corresponds" "to" "those" "in" "the" "main" "proceedings" "in" "that" "according" "to" "the" "information" "set" "out" "in" "the" "order" "for" "reference" "," "both" "Martin-Meat" "and" "Martimpex" "are" "established" "in" "Hungary" "." "–" "Substance" "81" "From" "the" "outset" "," "it" "must" "be" "observed" "that" "the" "third" "question" "was" "referred" "only" "in" "the" "event" "the" "Court" "interpreted" "the" "second" "question" "as" "meaning" "that" "the" "binding" "nature" "of" "an" "A1" "certificate" "," "which" "follows" "from" "the" "answer" "to" "the" "first" "question" "," "may" "be" "limited" "in" "one" "of" "the" "situations" "mentioned" "in" "the" "second" "question" "." "82" "That" "being" "the" "case" "," "according" "to" "settled" "case-law" "," "the" "procedure" "provided" "for" "by" "Article" "267" "TFEU" "is" "an" "instrument" "of" "cooperation" "between" "the" "Court" "of" "Justice" "and" "national" "courts" "by" "means" "of" "which" "the" "former" "provides" "the" "latter" "with" "interpretation" "of" "such" "EU" "law" "as" "is" "necessary" "for" "them" "to" "give" "judgment" "in" "cases" "upon" "which" "they" "are" "called" "to" "adjudicate" "(" "see" "," "to" "that" "effect" "," "order" "of" "7" "September" "2017" "," "Alandžak" "and" "Others" "," "C" "‑" "187" "/" "17" "," "not" "published" "," "EU" ":" "C" ":" "2017" ":" "662" "," "paragraphs" "9" "and" "10" ")" "." "83" "As" "the" "Austrian" "and" "German" "Governments" "and" "the" "Commission" "submit" "in" "substance" "," "since" "the" "third" "question" "concerns" "the" "reach" "of" "the" "conditions" "," "laid" "down" "in" "Article" "12" "(" "1" ")" "of" "Regulation" "No" "883" "/" "2004" "," "according" "to" "which" "," "in" "order" "to" "remain" "subject" "to" "the" "legislation" "of" "the" "Member" "State" "in" "which" "the" "employer" "normally" "carries" "out" "its" "activities" "," "the" "person" "posted" "must" "not" "have" "been" "‘" "sent" "to" "replace" "another" "person" "’" "(" "‘" "the" "non-replacement" "condition" "’" ")" "," "that" "question" "relates" "to" "the" "subject" "matter" "of" "the" "dispute" "in" "the" "main" "proceedings" "."


Input: "By" "that" "question" "," "the" "referring" "court" "asks" "which" "of" "the" "interpretations" "put" "forward" "by" "the" "two" "Member" "States" "which" "have" "submitted" "their" "difference" "of" "opinion" "to" "the" "Administrative" "Commission" "is" "to" "be" "preferred" "," "since" "their" "contradictory" "interpretations" "with" "regard" "to" "the" "scope" "of" "the" "non-replacement" "condition" "are" "," "as" "is" "clear" "from" "the" "file" "submitted" "to" "the" "Court" "," "at" "the" "origin" "of" "the" "disagreement" "between" "the" "parties" "in" "the" "main" "proceedings" "regarding" "the" "legislation" "applicable" "to" "the" "workers" "concerned" "." "84" "Furthermore" "," "the" "Austrian" "Government" "argues" "that" "it" "is" "conceivable" "that" "no" "E" "101" "or" "A1" "form" "was" "issued" "by" "the" "competent" "Hungarian" "institution" "to" "some" "of" "the" "many" "workers" "concerned" "and" "that" "," "consequently" "," "the" "interpretation" "of" "the" "non-replacement" "condition" "is" "directly" "relevant" "to" "the" "resolution" "of" "the" "dispute" "in" "the" "main" "proceedings" "with" "regard" "to" "those" "workers" "." "85" "In" "those" "circumstances" "," "and" "although" "," "as" "is" "clear" "from" "the" "answers" "to" "the" "first" "and" "second" "questions" "," "the" "referring" "court" "is" "bound" "by" "the" "A1" "certificates" "at" "issue" "in" "the" "main" "proceedings" "so" "long" "as" "they" "have" "not" "been" "withdrawn" "by" "the" "competent" "Hungarian" "institution" "or" "declared" "invalid" "by" "the" "Hungarian" "courts" "," "it" "is" "appropriate" "to" "answer" "the" "third" "question" "." "86" "In" "the" "case" "in" "the" "main" "proceedings" "," "it" "is" "apparent" "that" "Martin-Meat" "’" "s" "workers" "were" "posted" "to" "Austria" "between" "2007" "and" "2012" "to" "carry" "out" "meat" "cutting" "in" "the" "premises" "of" "Alpenrind" "."


Input: "From" "1" "February" "2012" "until" "31" "January" "2014" "," "thus" "including" "the" "period" "concerned" "," "Martimpex" "’" "s" "workers" "were" "posted" "to" "Austria" "to" "perform" "the" "same" "work" "."

"O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "O" "O" "O" "O" "O" "O"

"O" "I-AMOUNT" "I-AMOUNT" "I-AMOUNT" "O" "I-AMOUNT" "I-AMOUNT" "I-AMOUNT" "O" "O" "O" "O" "O" "O" "O" "I-AMOUNT" "O" "O" "O" "O" "O" "O" "I-AMOUNT" "O" "O" "O" "O" "O" "O"

"O" "I-ADDRESS" "I-ADDRESS" "I-ADDRESS" "O" "I-ADDRESS" "I-ADDRESS" "I-ADDRESS" "O" "O" "O" "O" "O" "O" "O" "I-ADDRESS" "O" "O" "O" "O" "O" "O" "I-ADDRESS" "O" "O" "O" "O" "O" "O"

"O" "I-PERSON" "I-PERSON" "I-PERSON" "O" "I-PERSON" "I-PERSON" "I-PERSON" "O" "O" "O" "O" "O" "O" "O" "I-PERSON" "O" "O" "O" "O" "O" "O" "I-PERSON" "O" "O" "O" "O" "O" "O"

"O" "B-AMOUNT" "B-AMOUNT" "B-AMOUNT" "O" "B-AMOUNT" "B-AMOUNT" "B-AMOUNT" "O" "O" "O" "O" "O" "O" "O" "B-AMOUNT" "O" "O" "O" "O" "O" "O" "B-AMOUNT" "O" "O" "O" "O" "O" "O"

"O" "B-PERSON" "B-PERSON" "B-PERSON" "O" "B-PERSON" "B-PERSON" "B-PERSON" "O" "O" "O" "O" "O" "O" "O" "B-PERSON" "O" "O" "O" "O" "O" "O" "B-PERSON" "O" "O" "O" "O" "O" "O"

"O" "B-DATE" "I-DATE" "I-DATE" "O" "B-DATE" "I-DATE" "I-DATE" "O" "O" "O" "O" "O" "O" "O" "B-ORGANISATION" "O" "O" "O" "O" "O" "O" "B-ADDRESS" "O" "O" "O" "O" "O" "O"


Input: "From" "1" "February" "2014" "," "Martin-Meat" "’" "s" "workers" "again" "carried" "out" "that" "work" "on" "the" "same" "premises" "." "87" "Therefore" "," "it" "must" "be" "determined" "whether" "the" "non-replacement" "condition" "is" "satisfied" "in" "a" "case" "such" "as" "that" "at" "issue" "in" "the" "main" "proceedings" "during" "the" "period" "concerned" "," "and" "whether" "and" "to" "what" "extent" "the" "location" "of" "the" "registered" "offices" "of" "the" "employers" "concerned" "or" "the" "existence" "of" "possible" "personal" "and" "organisational" "connections" "between" "them" "are" "relevant" "in" "such" "a" "context" "." "88" "According" "to" "the" "Court" "’" "s" "settled" "case-law" "," "in" "interpreting" "a" "provision" "of" "EU" "law" "," "it" "is" "necessary" "to" "consider" "not" "only" "its" "wording" "but" "also" "the" "context" "in" "which" "it" "occurs" "and" "the" "objectives" "pursued" "by" "the" "rules" "of" "which" "it" "is" "part" "(" "judgment" "of" "21" "September" "2017" "," "Commission" "v" "Germany" "," "C" "‑" "616" "/" "15" "," "EU" ":" "C" ":" "2017" ":" "721" "," "paragraph" "43" "and" "the" "case-law" "cited" ")" "." "89" "As" "regards" "," "first" "of" "all" "," "the" "wording" "of" "Article" "12" "(" "1" ")" "of" "Regulation" "No" "883" "/" "2004" "," "in" "the" "version" "in" "force" "at" "the" "beginning" "of" "the" "period" "concerned" "," "it" "provided" "that" "‘" "a" "person" "who" "pursues" "an" "activity" "as" "an" "employed" "person" "in" "a" "Member" "State" "on" "behalf" "of" "an" "employer" "which" "normally" "carries" "out" "its" "activities" "there" "and" "who" "is" "posted" "by" "that" "employer" "to" "another" "Member" "State" "to" "perform" "work" "on" "that" "employer" "’" "s" "behalf" "shall" "continue" "to" "be" "subject" "to" "the" "legislation" "of" "the" "first" "Member" "State" "," "provided" "that" "the" "anticipated" "duration" "of" "such" "work" "does" "not" "exceed" "24" "months" "and" "that" "he" "/" "she" "is" "not" "sent" "to" "replace" "another" "person" "’" "." "90" "Therefore" "," "it" "follows" "from" "the" "wording" "of" "Article" "12" "(" "1" ")" "of" "Regulation" "No" "883" "/" "2004" "and" "," "in" "particular" "," "the" "expression" "‘" "provided" "that" "’" "that" "the" "fact" "that" "a" "posted" "worker" "replaces" "another" "person" "prevents" "that" "replacement" "worker" "from" "remaining" "subject" "to" "the" "legislation" "of" "the" "Member" "State" "in" "which" "his" "employer" "usually" "carries" "out" "its" "activities" "and" "that" "the" "non-replacement" "condition" "applies" "to" "it" "in" "a" "cumulative" "manner" "," "also" "laid" "down" "in" "that" "provision" "," "relating" "to" "the" "maximum" "period" "of" "the" "employment" "concerned" "." "91" "Furthermore" "," "the" "absence" "of" "any" "express" "reference" "in" "the" "wording" "of" "that" "provision" "to" "the" "registered" "offices" "of" "the" "respective" "employers" "or" "to" "any" "personal" "or" "organisational" "connections" "between" "them" "tends" "to" "suggest" "that" "such" "facts" "are" "not" "relevant" "for" "the" "purposes" "of" "interpreting" "that" "provision" "." "92" "Next" "," "as" "regards" "the" "context" "of" "which" "Article" "12" "(" "1" ")" "of" "Regulation" "No" "883" "/" "2004" "forms" "part" "," "it" "must" "be" "observed" "that" "," "according" "to" "the" "heading" "of" "that" "article" "," "the" "rules" "which" "are" "laid" "down" "therein" "," "including" "those" "in" "paragraph" "1" "thereof" "," "are" "‘" "special" "rules" "’" "relating" "to" "the" "determination" "of" "the" "social" "security" "legislation" "applicable" "to" "persons" "covered" "by" "the" "scope" "of" "that" "regulation" "." "93" "As" "is" "clear" "from" "Article" "11" "(" "3" ")" "(" "a" ")" "of" "that" "regulation" "," "that" "article" "being" "concerned" "with" "‘" "General" "rules" "’" "," "persons" "," "such" "as" "the" "workers" "at" "issue" "in" "the" "main" "proceedings" "," "pursuing" "an" "activity" "as" "an" "employed" "or" "self-employed" "persons" "in" "a" "Member" "State" "are" "subject" "to" "the" "legislation" "of" "the" "State" "in" "which" "they" "pursue" "that" "activity" "." "94" "Likewise" "," "it" "follows" "from" "recitals" "17" "and" "18" "of" "Regulation" "No" "883" "/" "2004" "that" "," "‘" "as" "a" "general" "rule" "’" "," "the" "legislation" "applicable" "to" "persons" "pursuing" "an" "activity" "as" "an" "employed" "or" "self-employed" "person" "on" "the" "territory" "of" "a" "Member" "State" "is" "that" "of" "the" "latter" "and" "that" "it" "is" "necessary" "to" "‘" "derogate" "from" "the" "general" "rule" "’" "in" "specific" "situations" "which" "justify" "other" "criteria" "of" "applicability" "." "95" "It" "follows" "that" "," "in" "so" "far" "as" "Article" "12" "(" "1" ")" "of" "Regulation" "No" "883" "/" "2004" "constitutes" "derogation" "from" "the" "general" "rule" "which" "applies" "in" "order" "to" "determine" "the" "legislation" "applicable" "to" "persons" "pursuing" "an" "activity" "as" "an" "employed" "or" "self-employed" "person" "in" "a" "Member" "State" "," "it" "must" "be" "strictly" "interpreted" "." "96" "Finally" "," "with" "regard" "to" "the" "objectives" "of" "Article" "12" "(" "1" ")" "of" "Regulation" "No" "883" "/" "2004" "and" "," "more" "generally" "," "the" "legal" "framework" "of" "which" "that" "provision" "is" "part" "," "it" "must" "be" "held" "that" "," "while" "Article" "12" "(" "1" ")" "of" "Regulation" "No" "883" "/" "2004" "establishes" "a" "specific" "rule" "for" "the" "determination" "of" "the" "legislation" "applicable" "in" "the" "case" "of" "posted" "workers" "," "that" "special" "situation" "which" "," "in" "principle" "," "justifies" "another" "criterion" "of" "applicability" "," "the" "fact" "remains" "that" "the" "EU" "also" "intended" "to" "prevent" "that" "special" "rule" "from" "benefiting" "workers" "posted" "successively" "who" "carry" "out" "the" "same" "work" "." "97" "Furthermore" "," "to" "interpret" "Article" "12" "(" "1" ")" "of" "Regulation" "No" "883" "/" "2004" "differently" "according" "to" "the" "location" "of" "the" "registered" "office" "of" "the" "employers" "concerned" "or" "the" "existence" "of" "personal" "or" "organisational" "links" "between" "them" "could" "undermine" "the" "objective" "pursued" "by" "the" "EU" "legislature" "," "in" "principle" "," "to" "subject" "workers" "to" "the" "legislation" "of" "the" "Member" "State" "in" "which" "the" "person" "concerned" "pursues" "his" "activity" "." "98" "In" "particular" "," "as" "is" "clear" "from" "recital" "17" "of" "Regulation" "No" "883" "/" "2004" "," "it" "is" "with" "a" "view" "to" "guaranteeing" "the" "equality" "of" "treatment" "of" "all" "persons" "occupied" "in" "the" "territory" "of" "a" "Member" "State" "as" "effectively" "as" "possible" "that" "it" "is" "considered" "appropriate" "to" "determine" "as" "the" "legislation" "applicable" "," "as" "a" "general" "rule" "," "that" "of" "the" "Member" "State" "in" "which" "the" "person" "concerned" "pursues" "his" "activity" "as" "an" "employed" "or" "self-employed" "person" "."


Input: "Furthermore" "," "it" "follows" "from" "recitals" "5" "and" "8" "of" "that" "regulation" "that" "it" "is" "necessary" "," "within" "the" "framework" "of" "the" "coordination" "of" "national" "social" "security" "systems" "," "to" "guarantee" "as" "effectively" "as" "possible" "equality" "of" "treatment" "for" "persons" "occupied" "in" "the" "territory" "of" "a" "Member" "State" "." "99" "It" "follows" "from" "the" "findings" "set" "out" "in" "paragraphs" "89" "to" "98" "of" "the" "present" "judgment" "that" "the" "recurrent" "use" "of" "posted" "workers" "to" "fill" "the" "same" "post" "," "even" "though" "the" "employers" "responsible" "for" "posting" "workers" "are" "different" "," "does" "not" "comply" "with" "the" "wording" "or" "the" "objectives" "of" "Article" "12" "(" "1" ")" "of" "Regulation" "No" "883" "/" "2004" "and" "is" "not" "consistent" "with" "the" "context" "of" "which" "that" "provision" "is" "part" "," "so" "that" "a" "person" "posted" "cannot" "benefit" "from" "the" "special" "rule" "laid" "down" "in" "that" "provision" "if" "he" "replaces" "another" "worker" "." "100" "Having" "regard" "to" "all" "of" "the" "foregoing" "considerations" "," "the" "answer" "to" "the" "third" "question" "is" "that" "Article" "12" "(" "1" ")" "of" "Regulation" "No" "883" "/" "2004" "must" "be" "interpreted" "as" "meaning" "that" "," "if" "a" "worker" "who" "is" "posted" "by" "his" "employer" "to" "carry" "out" "work" "in" "another" "Member" "State" "is" "replaced" "by" "another" "worker" "posted" "by" "another" "employer" "," "the" "latter" "employee" "must" "be" "regarded" "as" "being" "‘" "sent" "to" "replace" "another" "person" "’" "," "within" "the" "meaning" "of" "that" "provision" "," "so" "that" "he" "cannot" "benefit" "from" "the" "special" "rules" "laid" "down" "in" "that" "provision" "in" "order" "to" "remain" "subject" "to" "the" "legislation" "of" "the" "Member" "State" "in" "which" "his" "employer" "normally" "carries" "out" "its" "activities" "."


Input: "The" "fact" "that" "the" "employers" "of" "the" "two" "workers" "concerned" "have" "their" "registered" "offices" "in" "the" "same" "Member" "State" "or" "that" "they" "may" "have" "personal" "or" "organisational" "links" "is" "irrelevant" "in" "that" "respect" "."


Input: "Costs" "101" "Since" "these" "proceedings" "are" "," "for" "the" "parties" "to" "the" "main" "proceedings" "," "a" "step" "in" "the" "action" "pending" "before" "the" "national" "court" "," "the" "decision" "on" "costs" "is" "a" "matter" "for" "that" "court" "."


Input: "Costs" "incurred" "in" "submitting" "observations" "to" "the" "Court" "," "other" "than" "the" "costs" "of" "those" "parties" "," "are" "not" "recoverable" "."


Input: "On" "those" "grounds" "," "the" "Court" "(" "First" "Chamber" ")" "hereby" "rules" ":" "1" "."


Input: "Article" "5" "(" "1" ")" "of" "Regulation" "(" "EC" ")" "No" "987" "/" "2009" "of" "the" "European" "Parliament" "and" "of" "the" "Council" "of" "16" "September" "2009" "laying" "down" "the" "procedure" "for" "implementing" "Regulation" "(" "EC" ")" "No" "883" "/" "2004" "," "as" "amended" "by" "Commission" "Regulation" "(" "EU" ")" "No" "1244" "/" "2010" "of" "9" "December" "2010" "," "read" "together" "with" "Article" "19" "(" "2" ")" "of" "Regulation" "No" "987" "/" "2009" "," "as" "amended" "by" "Regulation" "No" "1244" "/" "2010" "," "must" "be" "interpreted" "as" "meaning" "that" "an" "A1" "certificate" "," "issued" "by" "the" "competent" "institution" "of" "a" "Member" "State" "under" "Article" "12" "(" "1" ")" "of" "Regulation" "(" "EC" ")" "No" "883" "/" "2004" "of" "the" "European" "Parliament" "and" "of" "the" "Council" "of" "29" "April" "2004" "on" "the" "coordination" "of" "social" "security" "systems" "," "as" "amended" "by" "Regulation" "No" "1244" "/" "2010" "," "binds" "not" "only" "the" "institutions" "of" "the" "Member" "State" "in" "which" "the" "activity" "is" "carried" "out" "," "but" "also" "the" "courts" "of" "that" "Member" "State" "." "2" "."


Input: "Article" "5" "(" "1" ")" "of" "Regulation" "No" "987" "/" "2009" "," "as" "amended" "by" "Regulation" "No" "1244" "/" "2010" "," "read" "together" "with" "Article" "19" "(" "2" ")" "of" "Regulation" "No" "987" "/" "2009" "," "as" "amended" "by" "Regulation" "No" "1244" "/" "2010" "," "must" "be" "interpreted" "as" "meaning" "that" "an" "A1" "certificate" "issued" "by" "the" "competent" "institution" "of" "a" "Member" "State" "under" "Article" "12" "(" "1" ")" "of" "Regulation" "No" "883" "/" "2004" "," "as" "amended" "by" "Regulation" "No" "1244" "/" "2010" "," "is" "binding" "on" "both" "the" "social" "security" "institutions" "of" "the" "Member" "State" "in" "which" "the" "activity" "is" "carried" "out" "and" "the" "courts" "of" "that" "Member" "State" "so" "long" "as" "the" "certificate" "has" "not" "been" "withdrawn" "or" "declared" "invalid" "by" "the" "Member" "State" "in" "which" "was" "issued" "," "even" "though" "the" "competent" "authorities" "of" "the" "latter" "Member" "State" "and" "the" "Member" "State" "in" "which" "the" "activity" "is" "carried" "out" "have" "brought" "the" "matter" "before" "the" "Administrative" "Commission" "for" "the" "Coordination" "of" "Social" "Security" "Systems" "which" "held" "that" "that" "certificate" "was" "incorrectly" "issued" "and" "should" "be" "withdrawn" "."


Input: "Article" "5" "(" "1" ")" "of" "Regulation" "No" "987" "/" "2009" "," "as" "amended" "by" "Regulation" "No" "1244" "/" "2010" "," "read" "together" "with" "Article" "19" "(" "2" ")" "thereof" "," "as" "amended" "by" "Regulation" "No" "1244" "/" "2010" "," "must" "be" "interpreted" "as" "meaning" "that" "an" "A1" "certificate" "issued" "by" "the" "competent" "institution" "of" "a" "Member" "State" "under" "Article" "12" "(" "1" ")" "of" "Regulation" "No" "883" "/" "2004" "," "as" "amended" "by" "Regulation" "No" "1244" "/" "2010" "," "binds" "both" "social" "security" "institutions" "of" "the" "Member" "State" "in" "which" "the" "activity" "is" "carried" "out" "and" "the" "courts" "of" "that" "Member" "State" "," "if" "appropriate" "with" "retroactive" "effect" "," "even" "though" "that" "certificate" "was" "issued" "only" "after" "that" "Member" "State" "determined" "that" "the" "worker" "concerned" "was" "subject" "to" "compulsory" "insurance" "under" "its" "legislation" "." "3" "."


Input: "Article" "12" "(" "1" ")" "of" "Regulation" "No" "883" "/" "2004" "," "as" "amended" "by" "Regulation" "No" "1244" "/" "2010" "," "must" "be" "interpreted" "as" "meaning" "that" "," "if" "a" "worker" "who" "is" "posted" "by" "his" "employer" "to" "carry" "out" "work" "in" "another" "Member" "State" "is" "replaced" "by" "another" "worker" "posted" "by" "another" "employer" "," "the" "latter" "employee" "must" "be" "regarded" "as" "being" "‘" "sent" "to" "replace" "another" "person" "’" "," "within" "the" "meaning" "of" "that" "provision" "," "so" "that" "he" "cannot" "benefit" "from" "the" "special" "rules" "laid" "down" "in" "that" "provision" "in" "order" "to" "remain" "subject" "to" "the" "legislation" "of" "the" "Member" "State" "in" "which" "his" "employer" "normally" "carries" "out" "its" "activities" "."


Input: "The" "fact" "that" "the" "employers" "of" "the" "two" "workers" "concerned" "have" "their" "registered" "offices" "in" "the" "same" "Member" "State" "or" "that" "they" "may" "have" "personal" "or" "organisational" "links" "is" "irrelevant" "in" "that" "respect" "."


Input: "[" "Signatures" "]" "*" "Language" "of" "the" "case" ":" "German" "."


Input: "OPINION" "OF" "ADVOCATE" "GENERAL" "BOT" "delivered" "on" "6" "September" "2018" "(" "1" ")" "Case" "C" "‑" "386" "/" "17" "Stefano" "Liberato" "Luminita" "Luisa" "Grigorescu" "(" "Request" "for" "a" "preliminary" "ruling" "from" "the" "Corte" "suprema" "di" "cassazione" "(" "Supreme" "Court" "of" "Cassation" "," "Italy" ")" ")" "(" "Reference" "for" "a" "preliminary" "ruling" "—" "Judicial" "cooperation" "in" "civil" "matters" "—" "Regulation" "(" "EC" ")" "No" "44" "/" "2001" "—" "Article" "5" "(" "2" ")" "—" "Article" "27" "—" "Article" "35" "(" "3" ")" "—" "Jurisdiction" "," "recognition" "and" "enforcement" "of" "judgments" "on" "maintenance" "obligations" "—" "Regulation" "(" "EC" ")" "No" "2201" "/" "2003" "—" "Articles" "19" "and" "24" "—" "Jurisdiction" "," "recognition" "and" "enforcement" "of" "judgments" "in" "matrimonial" "matters" "and" "matters" "of" "parental" "responsibility" "—" "Lis" "pendens" "—" "Breach" "of" "the" "rules" "on" "lis" "pendens" "—" "Consequences" "—" "Prohibition" "of" "review" "of" "jurisdiction" "of" "the" "court" "of" "origin" ")" "1" "."


Input: "This" "request" "for" "a" "preliminary" "ruling" "concerns" "the" "interpretation" "of" "Articles" "19" "and" "24" "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" "." "(" "2" ")" "2" "."


Input: "The" "request" "has" "been" "made" "in" "the" "context" "of" "proceedings" "between" "Mr" "Stefano" "Liberato" "and" "Ms" "Luminita" "Luisa" "Grigorescu" "concerning" "the" "recognition" "by" "the" "Italian" "courts" "of" "a" "judgment" "of" "the" "Romanian" "courts" "concerning" "marriage" "," "parental" "responsibility" "and" "maintenance" "obligations" "." "3" "."

"O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "B-ORGANISATION" "B-ORGANISATION" "B-ORGANISATION" "O" "B-ORGANISATION" "B-ORGANISATION" "B-ORGANISATION" "B-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O"

"O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O"


Input: "This" "case" "will" "give" "the" "Court" "the" "opportunity" "to" "clarify" "whether" "a" "breach" "of" "the" "rules" "on" "lis" "pendens" "by" "the" "court" "second" "seised" "can" "constitute" "a" "ground" "for" "non-recognition" "of" "a" "judgment" "made" "by" "that" "court" "." "4" "."


Input: "At" "the" "conclusion" "of" "my" "analysis" "," "I" "will" "propose" "that" "it" "should" "be" "held" "," "primarily" "," "and" "consistently" "with" "the" "judgment" "of" "19" "November" "2015" "," "P" "," "(" "3" ")" "that" "Article" "35" "(" "3" ")" "of" "Council" "Regulation" "(" "EC" ")" "No" "44" "/" "2001" "(" "4" ")" "of" "22" "December" "2000" "on" "jurisdiction" "and" "the" "recognition" "and" "enforcement" "of" "judgments" "in" "civil" "and" "commercial" "matters" "(" "5" ")" "and" "Article" "24" "of" "Regulation" "No" "2201" "/" "2003" "must" "be" "interpreted" "as" "precluding" "that" "a" "breach" "of" "the" "rules" "on" "lis" "pendens" "," "contained" "in" "Article" "27" "of" "Regulation" "No" "44" "/" "2001" "and" "Article" "19" "of" "Regulation" "No" "2201" "/" "2003" "," "by" "the" "court" "second" "seised" "should" "constitute" "a" "ground" "for" "withholding" "recognition" "of" "a" "judgment" "delivered" "by" "that" "court" "," "on" "the" "basis" "of" "an" "infringement" "of" "public" "policy" "of" "the" "Member" "State" "in" "which" "recognition" "is" "sought" "."


Input: "I" "."


Input: "Legal" "context" "A" "."


Input: "European" "Union" "law" "1" "."


Input: "Regulation" "No" "44" "/" "2001" "5" "."


Input: "Article" "5" "(" "2" ")" "of" "Regulation" "No" "44" "/" "2001" "provides" ":" "‘" "A" "person" "domiciled" "in" "a" "Member" "State" "may" "," "in" "another" "Member" "State" "," "be" "sued" ":" "2" "."


Input: "in" "matters" "relating" "to" "maintenance" "," "in" "the" "courts" "for" "the" "place" "where" "the" "maintenance" "creditor" "is" "domiciled" "or" "habitually" "resident" "or" "," "if" "the" "matter" "is" "ancillary" "to" "proceedings" "concerning" "the" "status" "of" "a" "person" "," "in" "the" "court" "which" "," "according" "to" "its" "own" "law" "," "has" "jurisdiction" "to" "entertain" "those" "proceedings" "," "unless" "that" "jurisdiction" "is" "based" "solely" "on" "the" "nationality" "of" "one" "of" "the" "parties" "." "’" "6" "."


Input: "Article" "27" "of" "that" "regulation" "is" "worded" "as" "follows" ":" "‘" "1" "."


Input: "Where" "proceedings" "involving" "the" "same" "cause" "of" "action" "and" "between" "the" "same" "parties" "are" "brought" "in" "the" "courts" "of" "different" "Member" "States" "," "any" "court" "other" "than" "the" "court" "first" "seised" "shall" "of" "its" "own" "motion" "stay" "its" "proceedings" "until" "such" "time" "as" "the" "jurisdiction" "of" "the" "court" "first" "seised" "is" "established" "." "2" "."


Input: "Where" "the" "jurisdiction" "of" "the" "court" "first" "seised" "is" "established" "," "any" "court" "other" "than" "the" "court" "first" "seised" "shall" "decline" "jurisdiction" "in" "favour" "of" "that" "court" "." "’" "7" "."


Input: "Article" "28" "of" "the" "same" "regulation" "provides" ":" "‘" "1" "."


Input: "Where" "related" "actions" "are" "pending" "in" "the" "courts" "of" "different" "Member" "States" "," "any" "court" "other" "than" "the" "court" "first" "seised" "may" "stay" "its" "proceedings" "." "2" "."


Input: "Where" "these" "actions" "are" "pending" "at" "first" "instance" "," "any" "court" "other" "than" "the" "court" "first" "seised" "may" "also" "," "on" "the" "application" "of" "one" "of" "the" "parties" "," "decline" "jurisdiction" "if" "the" "court" "first" "seised" "has" "jurisdiction" "over" "the" "actions" "in" "question" "and" "its" "law" "permits" "the" "consolidation" "thereof" "." "3" "."


Input: "For" "the" "purposes" "of" "this" "Article" "," "actions" "are" "deemed" "to" "be" "related" "where" "they" "are" "so" "closely" "connected" "that" "it" "is" "expedient" "to" "hear" "and" "determine" "them" "together" "to" "avoid" "the" "risk" "of" "irreconcilable" "judgments" "resulting" "from" "separate" "proceedings" "." "’" "8" "."


Input: "Article" "34" "of" "the" "regulation" "provides" ":" "‘" "A" "judgment" "shall" "not" "be" "recognised" ":" "1" "."


Input: "if" "such" "recognition" "is" "manifestly" "contrary" "to" "public" "policy" "in" "the" "Member" "State" "in" "which" "recognition" "is" "sought" ";" "3" "."


Input: "if" "it" "is" "irreconcilable" "with" "a" "judgment" "given" "in" "a" "dispute" "between" "the" "same" "parties" "in" "the" "Member" "State" "in" "which" "recognition" "is" "sought" ";" "4" "."


Input: "if" "it" "is" "irreconcilable" "with" "an" "earlier" "judgment" "given" "in" "another" "Member" "State" "or" "in" "a" "third" "State" "involving" "the" "same" "cause" "of" "action" "and" "between" "the" "same" "parties" "," "provided" "that" "the" "earlier" "judgment" "fulfils" "the" "conditions" "necessary" "for" "its" "recognition" "in" "the" "Member" "State" "addressed" "." "’" "9" "."


Input: "Article" "35" "of" "Regulation" "No" "44" "/" "2001" "states" ":" "‘" "1" "."


Input: "Moreover" "," "a" "judgment" "shall" "not" "be" "recognised" "if" "it" "conflicts" "with" "Sections" "3" "," "4" "or" "6" "of" "Chapter" "II" "," "or" "in" "a" "case" "provided" "for" "in" "Article" "72" "." "2" "."


Input: "In" "its" "examination" "of" "the" "grounds" "of" "jurisdiction" "referred" "to" "in" "the" "foregoing" "paragraph" "," "the" "court" "or" "authority" "applied" "to" "shall" "be" "bound" "by" "the" "findings" "of" "fact" "on" "which" "the" "court" "of" "the" "Member" "State" "of" "origin" "based" "its" "jurisdiction" "." "3" "."


Input: "Subject" "to" "the" "paragraph" "1" "," "the" "jurisdiction" "of" "the" "court" "of" "the" "Member" "State" "of" "origin" "may" "not" "be" "reviewed" "."


Input: "The" "test" "of" "public" "policy" "referred" "to" "in" "point" "1" "of" "Article" "34" "may" "not" "be" "applied" "to" "the" "rules" "relating" "to" "jurisdiction" "." "’" "2" "."


Input: "Regulation" "No" "2201" "/" "2003" "10" "."


Input: "Recitals" "11" "," "12" "," "21" "and" "33" "of" "Regulation" "No" "2201" "/" "2003" "state" ":" "‘" "(" "11" ")" "Maintenance" "obligations" "are" "excluded" "from" "the" "scope" "of" "this" "Regulation" "as" "these" "are" "already" "covered" "by" "…" "Regulation" "No" "44" "/" "2001" "."


Input: "The" "courts" "having" "jurisdiction" "under" "this" "Regulation" "will" "generally" "have" "jurisdiction" "to" "rule" "on" "maintenance" "obligations" "by" "application" "of" "Article" "5" "(" "2" ")" "of" "…" "Regulation" "No" "44" "/" "2001" "." "(" "12" ")" "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" "."


Input: "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" "." "(" "21" ")" "The" "recognition" "and" "enforcement" "of" "judgments" "given" "in" "a" "Member" "State" "should" "be" "based" "on" "the" "principle" "of" "mutual" "trust" "and" "the" "grounds" "for" "non-recognition" "should" "be" "kept" "to" "the" "minimum" "required" "." "(" "33" ")" "This" "Regulation" "recognises" "the" "fundamental" "rights" "and" "observes" "the" "principles" "of" "the" "Charter" "of" "Fundamental" "Rights" "of" "the" "European" "Union" "."


Input: "In" "particular" "," "it" "seeks" "to" "ensure" "respect" "for" "the" "fundamental" "rights" "of" "the" "child" "as" "set" "out" "in" "Article" "24" "of" "the" "Charter" "of" "Fundamental" "Rights" "." "." "." "’" "11" "."


Input: "Article" "12" "of" "that" "regulation" "," "entitled" "‘" "Prorogation" "of" "jurisdiction" "’" "," "states" "," "in" "paragraphs" "1" "and" "2" ":" "‘" "1" "."


Input: "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" ":" "(" "a" ")" "at" "least" "one" "of" "the" "spouses" "has" "parental" "responsibility" "in" "relation" "to" "the" "child" ";" "and" "(" "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" "is" "in" "the" "superior" "interests" "of" "the" "child" "." "2" "."


Input: "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" "." "’" "12" "."


Input: "Article" "17" "of" "the" "same" "regulation" "," "entitled" "‘" "Examination" "as" "to" "jurisdiction" "’" "," "provides" ":" "‘" "Where" "a" "court" "of" "a" "Member" "State" "is" "seised" "of" "a" "case" "over" "which" "it" "has" "no" "jurisdiction" "under" "this" "Regulation" "and" "over" "which" "a" "court" "of" "another" "Member" "State" "has" "jurisdiction" "by" "virtue" "of" "this" "Regulation" "," "it" "shall" "declare" "of" "its" "own" "motion" "that" "it" "has" "no" "jurisdiction" "." "’" "13" "."


Input: "Article" "19" "of" "the" "regulation" "," "entitled" "‘" "Lis" "pendens" "and" "dependent" "actions" "’" "," "provides" ":" "‘" "1" "."


Input: "Where" "proceedings" "relating" "to" "divorce" "," "legal" "separation" "or" "marriage" "annulment" "between" "the" "same" "parties" "are" "brought" "before" "courts" "of" "different" "Member" "States" "," "the" "court" "second" "seised" "shall" "of" "its" "own" "motion" "stay" "its" "proceedings" "until" "such" "time" "as" "the" "jurisdiction" "of" "the" "court" "first" "seised" "is" "established" "." "2" "."


Input: "Where" "proceedings" "relating" "to" "parental" "responsibility" "relating" "to" "the" "same" "child" "and" "involving" "the" "same" "cause" "of" "action" "are" "brought" "before" "courts" "of" "different" "Member" "States" "," "the" "court" "second" "seised" "shall" "of" "its" "own" "motion" "stay" "its" "proceedings" "until" "such" "time" "as" "the" "jurisdiction" "of" "the" "court" "first" "seised" "is" "established" "." "3" "."


Input: "Where" "the" "jurisdiction" "of" "the" "court" "first" "seised" "is" "established" "," "the" "court" "second" "seised" "shall" "decline" "jurisdiction" "in" "favour" "of" "that" "court" "."


Input: "In" "that" "case" "," "the" "party" "who" "brought" "the" "relevant" "action" "before" "the" "court" "second" "seised" "may" "bring" "that" "action" "before" "the" "court" "first" "seised" "." "’" "14" "."


Input: "Article" "21" "of" "Regulation" "No" "2201" "/" "2003" "," "entitled" "‘" "Recognition" "of" "a" "judgment" "’" "," "sets" "out" "," "in" "paragraphs" "1" "and" "4" ":" "‘" "1" "."


Input: "A" "judgment" "given" "in" "a" "Member" "State" "shall" "be" "recognised" "in" "the" "other" "Member" "States" "without" "any" "special" "procedure" "being" "required" "." "4" "."


Input: "Where" "the" "recognition" "of" "a" "judgment" "is" "raised" "as" "an" "incidental" "question" "in" "a" "court" "of" "a" "Member" "State" "," "that" "court" "may" "determine" "that" "issue" "." "’" "15" "."


Input: "Article" "22" "of" "the" "regulation" "," "entitled" "‘" "Grounds" "of" "non-recognition" "for" "judgments" "relating" "to" "divorce" "," "legal" "separation" "or" "marriage" "annulment" "’" "," "provides" ":" "‘" "A" "judgment" "relating" "to" "a" "divorce" "," "legal" "separation" "or" "marriage" "annulment" "shall" "not" "be" "recognised" ":" "(" "a" ")" "if" "such" "recognition" "is" "manifestly" "contrary" "to" "the" "public" "policy" "of" "the" "Member" "State" "in" "which" "recognition" "is" "sought" ";" "(" "c" ")" "if" "it" "is" "irreconcilable" "with" "a" "judgment" "given" "in" "proceedings" "between" "the" "same" "parties" "in" "the" "Member" "State" "in" "which" "recognition" "is" "sought" ";" "16" "."


Input: "Article" "23" "of" "the" "same" "regulation" "," "entitled" "‘" "Grounds" "of" "non-recognition" "for" "judgments" "relating" "to" "parental" "responsibility" "’" "," "is" "worded" "as" "follows" ":" "‘" "A" "judgment" "relating" "to" "parental" "responsibility" "shall" "not" "be" "recognised" ":" "(" "a" ")" "if" "such" "recognition" "is" "manifestly" "contrary" "to" "the" "public" "policy" "of" "the" "Member" "State" "in" "which" "recognition" "is" "sought" "taking" "into" "account" "the" "best" "interests" "of" "the" "child" ";" "(" "e" ")" "if" "it" "is" "irreconcilable" "with" "a" "later" "judgment" "relating" "to" "parental" "responsibility" "given" "in" "the" "Member" "State" "in" "which" "recognition" "is" "sought" ";" "17" "."


Input: "Article" "24" "of" "the" "regulation" "," "entitled" "‘" "Prohibition" "of" "review" "of" "jurisdiction" "of" "the" "court" "of" "origin" "’" "," "provides" ":" "‘" "The" "jurisdiction" "of" "the" "court" "of" "the" "Member" "State" "of" "origin" "may" "not" "be" "reviewed" "."


Input: "The" "test" "of" "public" "policy" "referred" "to" "in" "Articles" "22" "(" "a" ")" "and" "23" "(" "a" ")" "may" "not" "be" "applied" "to" "the" "rules" "relating" "to" "jurisdiction" "set" "out" "in" "Articles" "3" "to" "14" "." "’"


Input: "B" "."


Input: "Italian" "law" "18" "."


Input: "Article" "150" "of" "the" "Codice" "civile" "(" "Civil" "Code" ")" "," "entitled" "‘" "Legal" "separation" "’" "," "provides" ":" "‘" "Legal" "separation" "of" "the" "spouses" "is" "permitted" "."


Input: "The" "separation" "may" "be" "ordered" "by" "the" "court" "or" "be" "consensual" "."


Input: "The" "right" "to" "apply" "for" "court-ordered" "separation" "or" "confirmation" "of" "consensual" "separation" "is" "vested" "solely" "in" "the" "spouses" "." "’" "19" "."


Input: "Article" "151" "of" "the" "Civil" "Code" "," "entitled" "‘" "Court-ordered" "separation" "’" "," "provides" ":" "‘" "Separation" "may" "be" "applied" "for" "when" "there" "exist" "," "even" "if" "outwith" "the" "control" "of" "either" "or" "both" "of" "the" "spouses" "," "circumstances" "liable" "to" "render" "intolerable" "continuing" "cohabitation" "or" "to" "cause" "serious" "harm" "to" "the" "upbringing" "of" "the" "children" "."


Input: "The" "judge" "pronouncing" "separation" "shall" "declare" "," "where" "the" "relevant" "circumstances" "obtain" "and" "a" "request" "to" "that" "effect" "is" "made" "," "to" "which" "of" "the" "spouses" "the" "separation" "is" "imputable" "by" "virtue" "of" "conduct" "inconsistent" "with" "the" "duties" "devolving" "from" "marriage" "." "’" "20" "."


Input: "The" "referring" "court" "explains" "that" "," "for" "the" "purposes" "of" "the" "definitive" "dissolution" "of" "marriage" "(" "divorce" ")" "," "the" "applicable" "provision" "ratione" "temporis" "is" "Article" "3" "," "first" "paragraph" "," "indent" "2" "(" "b" ")" "," "of" "Legge" "n" "." "898" "(" "Disciplina" "dei" "casi" "di" "scioglimento" "del" "matrimonio" ")" "(" "Law" "No" "898" "(" "Rules" "applicable" "in" "the" "event" "of" "dissolution" "of" "marriage" ")" ")" "of" "1" "December" "1970" "," "(" "6" ")" "which" "is" "worded" "as" "follows" ":" "‘" "Dissolution" "or" "cessation" "of" "the" "civil" "effects" "of" "marriage" "may" "be" "applied" "for" "by" "either" "of" "the" "spouses" ":" "2" ")" "in" "cases" "where" ":" "(" "b" ")" "the" "judicial" "separation" "of" "the" "spouses" "has" "been" "declared" "by" "a" "judgment" "which" "has" "acquired" "the" "force" "of" "law" "or" "a" "consensual" "separation" "has" "been" "judicially" "confirmed" "or" "de" "facto" "separation" "has" "occurred" "when" "the" "de" "facto" "separation" "commenced" "at" "least" "two" "years" "prior" "to" "18" "December" "1970" "."


Input: "In" "all" "the" "above" "cases" "," "in" "order" "for" "an" "application" "to" "be" "made" "for" "dissolution" "or" "cessation" "of" "the" "civil" "effects" "of" "a" "marriage" "," "the" "separation" "must" "have" "lasted" "without" "interruption" "for" "at" "least" "three" "years" "from" "the" "time" "at" "which" "the" "spouses" "appeared" "before" "the" "President" "of" "the" "Court" "in" "legal" "separation" "proceedings" "," "even" "where" "contentious" "proceedings" "have" "been" "converted" "into" "consensual" "proceedings" "." "’" "21" "."


Input: "The" "referring" "court" "adds" "that" "parental" "responsibility" "and" "child" "maintenance" "obligations" "are" "governed" "in" "the" "same" "way" "," "in" "the" "event" "of" "separation" "and" "divorce" "," "by" "Article" "337a" "to" "337g" "of" "the" "Civil" "Code" "."


Input: "II" "."


Input: "Facts" "of" "the" "main" "proceedings" "and" "the" "questions" "referred" "for" "a" "preliminary" "ruling" "22" "."


Input: "Mr" "Liberato" "and" "Ms" "Grigorescu" "were" "married" "in" "Rome" "(" "Italy" ")" "on" "22" "October" "2005" "and" "lived" "together" "in" "Italy" "until" "the" "birth" "of" "their" "child" "on" "20" "February" "2006" "."

"I-AMOUNT" "I-AMOUNT" "O" "I-AMOUNT" "I-AMOUNT" "O" "O" "O" "I-AMOUNT" "I-AMOUNT" "I-AMOUNT" "I-AMOUNT" "O" "I-AMOUNT" "I-AMOUNT" "I-AMOUNT" "O" "O" "O" "O" "I-AMOUNT" "O" "O" "O" "O" "O" "O" "O" "I-AMOUNT" "I-AMOUNT" "I-AMOUNT" "O"

"B-AMOUNT" "B-AMOUNT" "O" "B-AMOUNT" "B-AMOUNT" "O" "O" "O" "B-AMOUNT" "B-AMOUNT" "B-AMOUNT" "B-AMOUNT" "O" "B-AMOUNT" "B-AMOUNT" "B-AMOUNT" "O" "O" "O" "O" "B-AMOUNT" "O" "O" "O" "O" "O" "O" "O" "B-AMOUNT" "B-AMOUNT" "B-AMOUNT" "O"

"I-TIME" "I-TIME" "O" "I-TIME" "I-TIME" "O" "O" "O" "I-TIME" "I-TIME" "I-TIME" "I-TIME" "O" "I-TIME" "I-TIME" "I-TIME" "O" "O" "O" "O" "I-TIME" "O" "O" "O" "O" "O" "O" "O" "I-TIME" "I-TIME" "I-TIME" "O"

"I-ORGANISATION" "I-ORGANISATION" "O" "I-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O"

"B-TIME" "B-TIME" "O" "B-TIME" "B-TIME" "O" "O" "O" "B-TIME" "B-TIME" "B-TIME" "B-TIME" "O" "B-TIME" "B-TIME" "B-TIME" "O" "O" "O" "O" "B-TIME" "O" "O" "O" "O" "O" "O" "O" "B-TIME" "B-TIME" "B-TIME" "O"

"B-ORGANISATION" "B-ORGANISATION" "O" "B-ORGANISATION" "B-ORGANISATION" "O" "O" "O" "B-ORGANISATION" "B-ORGANISATION" "B-ORGANISATION" "B-ORGANISATION" "O" "B-ORGANISATION" "B-ORGANISATION" "B-ORGANISATION" "O" "O" "O" "O" "B-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "B-ORGANISATION" "B-ORGANISATION" "B-ORGANISATION" "O"

"B-PERSON" "I-PERSON" "O" "B-PERSON" "I-PERSON" "O" "O" "O" "B-ADDRESS" "I-ADDRESS" "I-ADDRESS" "I-ADDRESS" "O" "B-DATE" "I-DATE" "I-DATE" "O" "O" "O" "O" "B-ADDRESS" "O" "O" "O" "O" "O" "O" "O" "B-DATE" "I-DATE" "I-DATE" "O"


Input: "The" "matrimonial" "relationship" "deteriorated" "progressively" "."


Input: "The" "mother" "took" "the" "child" "to" "Romania" "and" "did" "not" "return" "to" "the" "family" "home" "in" "Italy" "." "(" "7" ")" "23" "."


Input: "By" "application" "of" "22" "May" "2007" "to" "the" "Tribunale" "di" "Teramo" "(" "District" "Court" "," "Teramo" "," "Italy" ")" "," "Mr" "Liberato" "sought" "legal" "separation" "and" "custody" "of" "the" "child" "."

"O" "O" "O" "I-AMOUNT" "I-AMOUNT" "I-AMOUNT" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-AMOUNT" "I-AMOUNT" "I-AMOUNT" "O" "O" "I-AMOUNT" "I-AMOUNT" "O" "O" "O" "O" "O" "O" "O" "O" "O"

"O" "O" "O" "B-AMOUNT" "B-AMOUNT" "B-AMOUNT" "O" "O" "O" "O" "O" "O" "O" "O" "O" "B-AMOUNT" "B-AMOUNT" "B-AMOUNT" "O" "O" "B-AMOUNT" "B-AMOUNT" "O" "O" "O" "O" "O" "O" "O" "O" "O"

"O" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O"

"O" "O" "O" "B-ORGANISATION" "B-ORGANISATION" "B-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "B-ORGANISATION" "B-ORGANISATION" "B-ORGANISATION" "O" "O" "B-ORGANISATION" "B-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O"

"O" "O" "O" "B-DATE" "I-DATE" "I-DATE" "O" "O" "O" "O" "O" "O" "O" "O" "O" "B-ADDRESS" "I-ADDRESS" "I-ADDRESS" "O" "O" "B-PERSON" "I-PERSON" "O" "O" "O" "O" "O" "O" "O" "O" "O"


Input: "Ms" "Grigorescu" "entered" "an" "appearance" "and" "sought" "a" "declaration" "that" "the" "separation" "was" "attributable" "to" "her" "husband" "," "together" "with" "sole" "custody" "of" "the" "child" "and" "a" "contribution" "from" "the" "father" "to" "the" "child" "’" "s" "maintenance" "." "24" "."


Input: "By" "judgment" "of" "19" "January" "2012" "," "(" "8" ")" "the" "Tribunale" "di" "Teramo" "(" "District" "Court" "," "Teramo" ")" "pronounced" "legal" "separation" "of" "the" "spouses" "," "attributable" "to" "Ms" "Grigorescu" "," "and" "," "by" "a" "separate" "order" "," "referred" "the" "case" "back" "for" "a" "decision" "on" "the" "opposing" "claims" "concerning" "parental" "responsibility" "." "25" "."

"O" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O"

"O" "O" "O" "B-ORGANISATION" "B-ORGANISATION" "B-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "B-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "B-ORGANISATION" "B-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O"


Input: "While" "those" "parental" "responsibility" "proceedings" "were" "still" "pending" "in" "Italy" "," "Ms" "Grigorescu" "brought" "proceedings" "before" "the" "Judecãtoria" "Bucureşti" "(" "Court" "of" "First" "Instance" "," "Bucharest" "," "Romania" ")" "on" "30" "September" "2009" "," "seeking" "divorce" "," "sole" "custody" "of" "the" "child" "and" "a" "contribution" "from" "the" "father" "to" "the" "child" "’" "s" "maintenance" "." "26" "."

"O" "O" "O" "O" "O" "O" "O" "O" "O" "B-ORGANISATION" "O" "B-ORGANISATION" "B-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "B-ORGANISATION" "B-ORGANISATION" "B-ORGANISATION" "O" "O" "B-ORGANISATION" "B-ORGANISATION" "B-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O"

"O" "O" "O" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "O" "I-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O"


Input: "In" "the" "context" "of" "the" "latter" "proceedings" "," "Mr" "Liberato" "entered" "an" "appearance" "and" "," "as" "a" "preliminary" "matter" "," "raised" "an" "objection" "of" "lis" "pendens" "on" "the" "grounds" "that" "the" "separation" "proceedings" "had" "been" "brought" "in" "Italy" "first" "."


Input: "Nonetheless" "," "by" "a" "judgment" "of" "31" "May" "2010" "," "the" "Judecãtoria" "Bucureşti" "(" "Court" "of" "First" "Instance" "," "Bucharest" ")" "pronounced" "the" "dissolution" "of" "the" "marriage" "," "awarded" "custody" "of" "the" "child" "to" "the" "mother" "," "set" "out" "the" "father" "’" "s" "visiting" "arrangements" "and" "determined" "the" "amount" "of" "maintenance" "payable" "by" "the" "father" "for" "the" "child" "." "27" "."


Input: "That" "judgment" "acquired" "the" "force" "of" "res" "judicata" "following" "a" "judgment" "of" "the" "Curtea" "de" "Apel" "București" "(" "Court" "of" "Appeal" "," "Bucharest" "," "Romania" ")" "of" "12" "June" "2013" "which" "confirmed" "the" "judgment" "of" "the" "Tribunalul" "București" "(" "Regional" "Court" "," "Bucharest" "," "Romania" ")" "of" "3" "December" "2012" "," "having" "dismissed" "the" "appeal" "brought" "by" "Mr" "Liberato" "against" "the" "judgment" "of" "31" "May" "2010" "." "28" "."

"O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-AMOUNT" "I-AMOUNT" "I-AMOUNT" "O" "O" "I-AMOUNT" "I-AMOUNT" "I-AMOUNT" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-AMOUNT" "I-AMOUNT" "I-AMOUNT" "O" "O" "I-AMOUNT" "I-AMOUNT" "I-AMOUNT" "O" "O" "O" "O" "O" "O" "O" "I-AMOUNT" "I-AMOUNT" "O" "O" "O" "O" "I-AMOUNT" "I-AMOUNT" "I-AMOUNT" "O" "O" "O"

"O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "B-AMOUNT" "B-AMOUNT" "B-AMOUNT" "O" "O" "B-AMOUNT" "B-AMOUNT" "B-AMOUNT" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "B-AMOUNT" "B-AMOUNT" "B-AMOUNT" "O" "O" "B-AMOUNT" "B-AMOUNT" "B-AMOUNT" "O" "O" "O" "O" "O" "O" "O" "B-AMOUNT" "B-AMOUNT" "O" "O" "O" "O" "B-AMOUNT" "B-AMOUNT" "B-AMOUNT" "O" "O" "O"

"O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "O" "O"

"O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "B-ORGANISATION" "B-ORGANISATION" "B-ORGANISATION" "O" "O" "B-ORGANISATION" "B-ORGANISATION" "B-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "B-ORGANISATION" "B-ORGANISATION" "B-ORGANISATION" "O" "O" "B-ORGANISATION" "B-ORGANISATION" "B-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "B-ORGANISATION" "B-ORGANISATION" "O" "O" "O" "O" "B-ORGANISATION" "B-ORGANISATION" "B-ORGANISATION" "O" "O" "O"

"O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "B-ADDRESS" "I-ADDRESS" "I-ADDRESS" "O" "O" "B-DATE" "I-DATE" "I-DATE" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "B-ADDRESS" "I-ADDRESS" "I-ADDRESS" "O" "O" "B-DATE" "I-DATE" "I-DATE" "O" "O" "O" "O" "O" "O" "O" "B-PERSON" "I-PERSON" "O" "O" "O" "O" "B-DATE" "I-DATE" "I-DATE" "O" "O" "O"


Input: "The" "separation" "proceedings" "in" "Italy" "subsequently" "led" "to" "a" "judgment" "of" "the" "Tribunale" "di" "Teramo" "(" "District" "Court" "," "Teramo" ")" "of" "8" "July" "2013" "."

"O" "O" "O" "O" "B-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "B-ORGANISATION" "O" "O" "B-ORGANISATION" "B-ORGANISATION" "B-ORGANISATION" "O"

"O" "O" "O" "O" "I-ADDRESS" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-ADDRESS" "O" "O" "I-ADDRESS" "I-ADDRESS" "I-ADDRESS" "O"

"O" "O" "O" "O" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O"


Input: "The" "Tribunale" "di" "Teramo" "(" "District" "Court" "," "Teramo" ")" "awarded" "sole" "custody" "of" "the" "child" "to" "the" "father" "," "ordered" "the" "immediate" "return" "of" "the" "child" "to" "Italy" "."


Input: "The" "court" "also" "set" "out" "arrangements" "for" "the" "mother" "to" "make" "visits" "to" "Italy" "," "under" "the" "supervision" "of" "the" "social" "services" "and" "the" "public" "prosecutor" "," "and" "determined" "that" "the" "mother" "should" "make" "a" "contribution" "towards" "the" "maintenance" "of" "the" "child" "." "29" "."


Input: "The" "Tribunale" "di" "Teramo" "(" "District" "Court" "," "Teramo" ")" "dismissed" "the" "application" "made" "by" "Ms" "Grigorescu" "," "on" "an" "incidental" "basis" "," "for" "the" "recognition" "in" "Italy" "of" "the" "divorce" "judgment" "of" "the" "Tribunalul" "București" "(" "Regional" "Court" "," "Bucharest" ")" "of" "3" "December" "2012" "," "pursuant" "to" "Regulation" "No" "2201" "/" "2003" "."

"O" "O" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O"

"O" "O" "O" "O" "O" "O" "O" "O" "B-ORGANISATION" "O" "O" "O" "O" "O" "O" "B-ORGANISATION" "B-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "B-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "B-ORGANISATION" "O" "O" "B-ORGANISATION" "B-ORGANISATION" "B-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O"


Input: "The" "Tribunale" "di" "Teramo" "(" "District" "Court" "," "Teramo" ")" "observed" "that" "the" "divorce" "proceedings" "had" "been" "commenced" "in" "Romania" "in" "2009" "," "after" "the" "legal" "separation" "proceedings" "brought" "in" "Italy" "in" "2007" "," "and" "that" "the" "Tribunalul" "București" "(" "Regional" "Court" "," "Bucharest" ")" "had" "infringed" "Article" "19" "of" "Regulation" "No" "2201" "/" "2003" "by" "failing" "to" "stay" "the" "proceedings" "before" "it" "." "30" "."


Input: "Ms" "Grigorescu" "appealed" "against" "that" "judgment" "and" "," "as" "a" "preliminary" "matter" "," "made" "an" "incidental" "application" "for" "the" "recognition" "of" "the" "judgment" "of" "the" "Curtea" "de" "Apel" "București" "(" "Court" "of" "Appeal" "," "Bucharest" ")" "of" "12" "June" "2013" "which" "dismissed" "the" "objection" "of" "lis" "pendens" "on" "the" "grounds" "," "according" "to" "the" "referring" "court" "," "that" "the" "two" "cases" "did" "not" "involve" "the" "same" "cause" "of" "action" "under" "Romanian" "procedural" "law" "." "(" "9" ")" "By" "a" "judgment" "of" "31" "March" "2014" "," "the" "Corte" "d" "’" "appello" "di" "L" "’" "Aquila" "(" "Court" "of" "Appeal" "," "L" "’" "Aquila" "," "Italy" ")" "reversed" "the" "judgment" "delivered" "at" "first" "instance" "and" "upheld" "the" "objection" "that" "the" "divorce" "judgment" "delivered" "by" "the" "Romanian" "courts" "," "which" "related" "also" "to" "custody" "and" "maintenance" "of" "the" "child" "," "had" "acquired" "the" "force" "of" "res" "judicata" "."

"B-ORGANISATION" "B-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "B-ORGANISATION" "O" "O" "B-ORGANISATION" "B-ORGANISATION" "B-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "B-ORGANISATION" "B-ORGANISATION" "B-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "B-ORGANISATION" "B-ORGANISATION" "B-ORGANISATION" "B-ORGANISATION" "B-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O"

"I-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O"


Input: "The" "Corte" "d" "’" "appello" "di" "L" "’" "Aquila" "(" "Court" "of" "Appeal" "," "L" "’" "Aquila" ")" "held" "that" "a" "breach" "of" "the" "rules" "on" "lis" "pendens" "under" "EU" "law" "by" "the" "judicial" "authorities" "seised" "second" "," "in" "other" "words" "," "by" "the" "Romanian" "courts" "," "was" "not" "‘" "relevant" "’" "when" "examining" "the" "conditions" "for" "the" "recognition" "of" "definitive" "measures" "taken" "by" "Romania" "," "that" "the" "Romanian" "judgments" "were" "not" "irreconcilable" "with" "the" "judgments" "given" "in" "Italy" "and" "that" "there" "were" "no" "grounds" "—" "in" "particular" "," "no" "public" "policy" "grounds" "—" "for" "withholding" "recognition" "of" "the" "Romanian" "judgment" "." "31" "."


Input: "Mr" "Liberato" "brought" "an" "appeal" "in" "cassation" "against" "that" "judgment" "of" "the" "Corte" "d" "’" "appello" "di" "L" "’" "Aquila" "(" "Court" "of" "Appeal" "," "L" "’" "Aquila" ")" "." "32" "."

"I-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O"

"B-ORGANISATION" "B-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "B-ORGANISATION" "B-ORGANISATION" "B-ORGANISATION" "O" "O" "O" "O"


Input: "The" "Corte" "suprema" "di" "cassazione" "(" "Supreme" "Court" "of" "Cassation" "," "Italy" ")" "," "the" "referring" "court" "," "states" "that" "the" "judgment" "given" "in" "Romania" "concerns" "marriage" "," "parental" "responsibility" "and" "maintenance" "obligations" "."


Input: "The" "proceedings" "for" "legal" "separation" "commenced" "in" "Italy" "involved" "the" "same" "claims" "," "except" "for" "that" "relating" "to" "marriage" "," "which" "was" "not" "identical" "," "since" "the" "Italian" "legal" "system" "requires" "conditions" "prescribed" "by" "law" "to" "be" "met" "for" "spouses" "to" "be" "legally" "separated" "," "prior" "to" "divorce" "." "33" "."


Input: "The" "referring" "court" "explains" "," "first" "," "that" "there" "are" "no" "grounds" "under" "Article" "22" "(" "c" ")" "of" "Regulation" "No" "2201" "/" "2003" "," "under" "Article" "23" "(" "e" ")" "of" "the" "same" "regulation" "or" "under" "Article" "34" "(" "4" ")" "of" "Regulation" "No" "44" "/" "2001" "that" "would" "allow" "recognition" "of" "the" "Romanian" "judgment" "to" "be" "withheld" "in" "relation" "to" "," "respectively" "," "marriage" "," "parental" "responsibility" "or" "maintenance" "obligations" "." "34" "."


Input: "According" "to" "the" "referring" "court" "," "it" "is" "therefore" "necessary" "to" "examine" "whether" "there" "has" "been" "a" "breach" "of" "the" "relevant" "provisions" "concerning" "lis" "pendens" "under" "EU" "law" "," "namely" "Article" "19" "of" "Regulation" "No" "2201" "/" "2003" "and" "Article" "27" "of" "Regulation" "No" "44" "/" "2001" "," "on" "the" "part" "of" "the" "courts" "of" "the" "Member" "State" "which" "delivered" "the" "judgment" "recognition" "of" "which" "is" "being" "sought" "and" "," "in" "the" "event" "that" "both" "provisions" "have" "been" "breached" "," "then" "whether" "that" "breach" "can" "be" "regarded" "as" "a" "ground" "for" "withholding" "recognition" "due" "to" "it" "being" "manifestly" "contrary" "to" "public" "policy" "." "35" "."


Input: "The" "referring" "court" "stresses" "the" "fact" "that" "lis" "pendens" "under" "EU" "law" "is" "the" "expression" "of" "the" "cardinal" "principle" "of" "the" "system" "of" "trust" "and" "cooperation" "underlying" "the" "free" "movement" "of" "judicial" "pronouncements" "between" "Member" "States" "."


Input: "Lis" "pendens" "is" "based" "on" "three" "principles" ":" "the" "autonomy" "of" "that" "concept" ";" "the" "prohibition" "on" "the" "court" "second" "seised" "from" "reviewing" "the" "jurisdiction" "of" "the" "court" "first" "seised" ";" "and" "the" "priority" "in" "time" "of" "the" "court" "first" "seised" "," "which" "is" "binding" "on" "the" "court" "second" "seised" "." "36" "."


Input: "The" "referring" "court" "notes" "that" "the" "objection" "of" "lis" "pendens" "raised" "by" "Mr" "Liberato" "at" "each" "stage" "of" "the" "Romanian" "proceedings" "," "and" "in" "particular" "before" "the" "Curtea" "de" "Apel" "București" "(" "Court" "of" "Appeal" "," "Bucharest" ")" "," "was" "rejected" "on" "the" "basis" "that" "the" "cause" "of" "action" "and" "parties" "must" "be" "totally" "identical" "," "both" "under" "the" "Romanian" "domestic" "rules" "on" "lis" "pendens" "and" "also" "under" "the" "concept" "of" "‘" "lis" "pendens" "’" "in" "EU" "law" "," "as" "it" "appears" "in" "Article" "19" "(" "1" ")" "of" "Regulation" "No" "2201" "/" "2003" "."


Input: "The" "referring" "court" "concludes" "that" "the" "Romanian" "courts" "misconstrued" "the" "wording" "of" "Article" "19" "(" "1" ")" "of" "Regulation" "No" "2201" "/" "2003" "which" "groups" "all" "proceedings" "relating" "to" "divorce" "," "legal" "separation" "or" "marriage" "annulment" "into" "one" "category" "and" "therefore" "does" "not" "require" "the" "cause" "of" "action" "to" "be" "identical" "." "37" "."


Input: "The" "referring" "court" "also" "notes" "that" "the" "decision" "relating" "to" "child" "maintenance" "is" "causally" "subordinate" "to" "the" "decision" "relating" "to" "parental" "responsibility" "and" "cannot" "be" "separated" "from" "it" "logically" "or" "legally" "," "since" "it" "depends" "on" "the" "main" "decision" "."


Input: "The" "referring" "court" "considers" "that" "the" "conditions" "in" "Article" "28" "of" "Regulation" "No" "44" "/" "2001" "," "when" "read" "in" "the" "light" "of" "Article" "3" "of" "Council" "Regulation" "(" "EC" ")" "No" "4" "/" "2009" "of" "18" "December" "2008" "on" "jurisdiction" "," "applicable" "law" "," "recognition" "and" "enforcement" "of" "decisions" "and" "cooperation" "in" "matters" "relating" "to" "maintenance" "obligations" "," "(" "10" ")" "are" "met" "," "even" "though" "that" "provision" "is" "not" "directly" "applicable" "." "(" "11" ")" "38" "."


Input: "According" "to" "the" "referring" "court" "," "the" "final" "Romanian" "judgment" "recognition" "of" "which" "is" "sought" "was" "delivered" "by" "a" "court" "which" "did" "not" "have" "jurisdiction" "to" "hear" "the" "case" "," "as" "it" "was" "seised" "second" "." "39" "."


Input: "The" "referring" "court" "is" "of" "the" "view" "that" "the" "infringement" "concerns" "not" "only" "the" "application" "of" "the" "test" "for" "determining" "jurisdiction" "between" "two" "Member" "States" "but" "also" "," "in" "view" "of" "the" "function" "of" "lis" "pendens" "in" "the" "system" "of" "automatic" "recognition" "and" "enforcement" "of" "judicial" "decisions" "of" "the" "Member" "States" "," "the" "implementation" "of" "a" "principle" "of" "procedural" "public" "policy" "under" "EU" "law" "," "consisting" "in" "the" "legitimate" "free" "movement" "of" "judicial" "decisions" "within" "the" "European" "Union" "."


Input: "The" "principle" "that" "priority" "is" "accorded" "to" "the" "proceedings" "commenced" "first" "," "which" "underlies" "the" "procedural" "rules" "on" "lis" "pendens" "," "is" "of" "central" "importance" "in" "EU" "procedural" "law" "because" "its" "purpose" "is" "to" "avoid" "judicial" "initiatives" "the" "sole" "intention" "of" "which" "is" "to" "frustrate" "the" "outcome" "of" "cases" "in" "which" "a" "party" "disagrees" "with" "decisions" "on" "the" "merits" "that" "have" "already" "taken" "by" "the" "competent" "court" "first" "seised" "," "whose" "jurisdiction" "has" "," "as" "in" "the" "present" "case" "," "been" "incontestably" "accepted" "." "40" "."


Input: "The" "referring" "court" "also" "notes" "that" "Article" "24" "of" "Regulation" "No" "2201" "/" "2003" "," "which" "prohibits" "the" "review" "of" "jurisdiction" "of" "the" "court" "of" "origin" "," "refers" "to" "the" "rules" "determining" "jurisdiction" "contained" "in" "Articles" "3" "to" "14" "of" "that" "regulation" "but" "not" "to" "the" "rule" "in" "Article" "19" "thereof" "." "41" "."


Input: "In" "those" "circumstances" "," "the" "Corte" "suprema" "di" "cassazione" "(" "Supreme" "Court" "of" "Cassation" ")" "decided" "to" "stay" "proceedings" "and" "to" "refer" "the" "following" "questions" "to" "the" "Court" "of" "Justice" "for" "a" "preliminary" "ruling" ":" "‘" "(" "1" ")" "Does" "an" "infringement" "of" "the" "rules" "on" "lis" "pendens" "contained" "in" "Article" "19" "(" "2" ")" "and" "(" "3" ")" "of" "Regulation" "No" "2201" "/" "2003" "affect" "only" "the" "determination" "of" "jurisdiction" "," "with" "the" "consequent" "application" "of" "Article" "24" "[" "thereof" "]" "or" "," "on" "the" "contrary" "," "may" "it" "constitute" "a" "ground" "for" "withholding" "recognition" "," "in" "the" "Member" "State" "whose" "court" "has" "been" "seised" "first" "," "of" "a" "judicial" "ruling" "made" "in" "the" "Member" "State" "whose" "court" "has" "been" "seised" "at" "a" "later" "stage" "," "in" "the" "light" "of" "procedural" "public" "policy" "," "having" "regard" "to" "the" "fact" "that" "[" "that" "Article" "24" "]" "refers" "only" "to" "the" "rules" "determining" "jurisdiction" "contained" "in" "Articles" "3" "to" "14" "of" "that" "regulation" "and" "not" "to" "Article" "19" "thereof" "?"


Input: "(" "2" ")" "Does" "the" "interpretation" "of" "Article" "19" "of" "Regulation" "No" "2201" "/" "2003" "," "seen" "only" "as" "a" "test" "for" "the" "conferral" "of" "jurisdiction" "," "conflict" "with" "the" "EU-law" "concept" "of" "“" "lis" "pendens" "”" "and" "with" "the" "function" "and" "purpose" "of" "that" "provision" "," "which" "is" "intended" "to" "lay" "down" "a" "set" "of" "binding" "rules" "," "reflecting" "procedural" "public" "policy" "," "thereby" "guaranteeing" "the" "creation" "of" "a" "common" "area" "characterised" "by" "reciprocal" "procedural" "trust" "and" "fairness" "between" "the" "Member" "States" "," "within" "which" "the" "automatic" "recognition" "and" "free" "movement" "of" "judicial" "decisions" "may" "operate" "?" "’"


Input: "III" "."


Input: "My" "analysis" "42" "."


Input: "In" "order" "to" "determine" "the" "consequences" "of" "the" "failure" "to" "comply" "with" "the" "rules" "on" "lis" "pendens" "," "in" "the" "context" "of" "the" "case" "in" "the" "main" "proceedings" "," "it" "is" "first" "of" "all" "necessary" "to" "identify" "all" "the" "provisions" "that" "must" "be" "interpreted" "," "together" "with" "the" "conditions" "that" "must" "be" "met" "for" "the" "lis" "pendens" "mechanism" "to" "be" "implemented" "."


Input: "A" "."


Input: "Preliminary" "observations" "1" "."


Input: "The" "reformulation" "of" "the" "questions" "referred" "for" "a" "preliminary" "ruling" "43" "."


Input: "It" "should" "be" "noted" "that" "the" "referring" "court" "frames" "its" "questions" "in" "relation" "to" "Regulation" "No" "2201" "/" "2003" "alone" "," "whereas" "it" "is" "apparent" "from" "the" "decision" "to" "refer" "that" "the" "case" "in" "the" "main" "proceedings" "concerns" "not" "only" "parental" "responsibility" "but" "also" "maintenance" "obligations" "," "which" "are" "not" "covered" "by" "that" "regulation" "." "(" "12" ")" "44" "."


Input: "The" "questions" "raised" "must" "therefore" "be" "reformulated" "by" "reference" "to" "Article" "5" "(" "2" ")" "of" "Regulation" "No" "44" "/" "2001" "," "which" "is" "applicable" "since" "the" "proceedings" "were" "commenced" "prior" "to" "18" "June" "2011" "." "(" "13" ")" "45" "."


Input: "By" "the" "two" "questions" "that" "it" "has" "referred" "for" "a" "preliminary" "ruling" "," "and" "which" "must" "be" "examined" "together" "," "the" "referring" "court" "could" "also" "be" "considered" "," "in" "essence" "," "to" "be" "asking" "whether" "Article" "35" "(" "3" ")" "of" "Regulation" "No" "44" "/" "2001" "and" "Article" "24" "of" "Regulation" "No" "2201" "/" "2003" "can" "be" "interpreted" "to" "mean" "that" "there" "is" "no" "preclusion" "on" "a" "breach" "by" "the" "court" "second" "seised" "of" "the" "rules" "on" "lis" "pendens" "," "set" "out" "in" "Article" "27" "of" "Regulation" "No" "44" "/" "2001" "and" "Article" "19" "of" "Regulation" "No" "2201" "/" "2003" "," "constituting" "a" "ground" "for" "withholding" "recognition" "of" "a" "decision" "delivered" "by" "that" "court" "," "on" "the" "basis" "of" "an" "infringement" "of" "public" "policy" "in" "the" "Member" "State" "in" "which" "enforcement" "is" "sought" "," "involving" "procedural" "rules" "that" "are" "considered" "essential" "for" "the" "EU" "legal" "order" "." "2" "."


Input: "Similarity" "of" "the" "mechanism" "laid" "down" "by" "Regulations" "No" "44" "/" "2001" "and" "No" "2201" "/" "2003" "in" "the" "event" "of" "lis" "pendens" "46" "."


Input: "Both" "of" "these" "regulations" "require" "the" "second" "court" "to" "decline" "jurisdiction" "in" "the" "event" "of" "lis" "pendens" "." "(" "14" ")" "The" "Court" "has" "noted" "that" "‘" "Article" "19" "of" "Regulation" "No" "2201" "/" "2003" "[" "(" "15" ")" "]" "is" "expressed" "in" "very" "similar" "terms" "to" "those" "used" "in" "Article" "27" "of" "Regulation" "No" "44" "/" "2001" "," "which" "replaced" "Article" "21" "of" "the" "Brussels" "Convention" "[" "(" "16" ")" "]" "," "and" "establishes" "a" "mechanism" "for" "dealing" "with" "cases" "of" "lis" "pendens" "that" "is" "equivalent" "to" "that" "provided" "for" "by" "Article" "27" "of" "Regulation" "No" "44" "/" "2001" "and" "Article" "21" "of" "the" "Brussels" "Convention" "."


Input: "Account" "must" "therefore" "be" "taken" "of" "the" "considerations" "of" "the" "Court" "in" "relation" "to" "those" "last" "two" "articles" "’" "." "(" "17" ")" "3" "."


Input: "The" "mechanism" "established" "in" "the" "event" "of" "lis" "pendens" "and" "its" "purpose" "47" "."


Input: "As" "the" "Court" "has" "already" "stated" "," "in" "relation" "to" "Regulation" "No" "2201" "/" "2003" "," "‘" "the" "EU" "legislature" "intended" "to" "put" "in" "place" "a" "mechanism" "which" "is" "clear" "and" "effective" "in" "order" "to" "resolve" "situations" "of" "lis" "pendens" "(" "see" "," "by" "analogy" "," "with" "regard" "to" "Regulation" "No" "44" "/" "2001" "," "judgment" "in" "Cartier" "parfums-lunettes" "and" "Axa" "Corporate" "Solutions" "assurances" "," "C" "‑" "1" "/" "13" "," "EU" ":" "C" ":" "2014" ":" "109" "," "paragraph" "40" ")" "’" "." "(" "18" ")" "48" "."


Input: "That" "mechanism" "," "which" "‘" "is" "based" "on" "the" "chronological" "order" "in" "which" "the" "courts" "are" "seised" "’" "," "(" "19" ")" "means" "that" "the" "court" "second" "seised" "shall" "of" "its" "own" "motion" "stay" "its" "proceedings" "until" "such" "time" "as" "the" "jurisdiction" "of" "the" "court" "first" "seised" "is" "established" "." "49" "."


Input: "The" "Court" "has" "clarified" "that" "," "‘" "in" "order" "for" "the" "jurisdiction" "of" "the" "court" "first" "seised" "to" "be" "established" "within" "the" "meaning" "of" "Article" "19" "(" "1" ")" "of" "[" "Regulation" "No" "2201" "/" "2003" "]" "," "it" "is" "sufficient" "that" "the" "court" "first" "seised" "has" "not" "declined" "jurisdiction" "of" "its" "own" "motion" "and" "that" "none" "of" "the" "parties" "has" "contested" "that" "jurisdiction" "before" "or" "up" "to" "the" "time" "at" "which" "a" "position" "is" "adopted" "which" "is" "regarded" "in" "national" "law" "as" "being" "the" "first" "defence" "on" "the" "substance" "submitted" "before" "that" "court" "(" "see" "," "by" "analogy" "," "judgment" "in" "Cartier" "parfums-lunettes" "and" "Axa" "Corporate" "Solutions" "assurances" "," "C" "‑" "1" "/" "13" "," "EU" ":" "C" ":" "2014" ":" "109" "," "paragraph" "44" ")" "’" "." "(" "20" ")" "50" "."


Input: "More" "specifically" "," "the" "Court" "has" "recommended" "that" "," "‘" "according" "to" "what" "is" "permitted" "by" "provisions" "of" "its" "national" "law" "," "the" "court" "second" "seised" "may" "," "where" "the" "opposing" "parties" "in" "two" "sets" "of" "proceedings" "are" "the" "same" "," "seek" "information" "from" "the" "party" "relying" "on" "the" "objection" "of" "lis" "pendens" "on" "the" "existence" "of" "the" "alleged" "proceedings" "and" "the" "content" "of" "the" "action" "."


Input: "Moreover" "," "taking" "into" "consideration" "the" "fact" "that" "Regulation" "No" "2201" "/" "2003" "is" "based" "on" "judicial" "cooperation" "and" "mutual" "trust" "," "that" "court" "may" "advise" "the" "court" "first" "seised" "that" "an" "action" "has" "been" "brought" "before" "it" "," "alert" "the" "court" "first" "seised" "to" "the" "possibility" "of" "lis" "pendens" "," "and" "invite" "the" "court" "first" "seised" "to" "provide" "it" "with" "information" "on" "the" "action" "pending" "before" "it" "and" "to" "state" "its" "position" "on" "its" "jurisdiction" "within" "the" "meaning" "of" "Regulation" "No" "2201" "/" "2003" "or" "to" "notify" "it" "of" "any" "judgment" "already" "delivered" "in" "that" "regard" "."


Input: "Lastly" "," "the" "court" "second" "seised" "will" "be" "able" "to" "approach" "the" "central" "authority" "in" "its" "Member" "State" "’" "." "(" "21" ")" "51" "."


Input: "The" "mandatory" "nature" "of" "the" "rules" "on" "lis" "pendens" "set" "out" "in" "Article" "19" "of" "Regulation" "No" "2201" "/" "2003" "(" "22" ")" "can" "be" "justified" "by" "the" "purpose" "of" "the" "rules" "."


Input: "The" "Court" "has" "stated" "that" "‘" "those" "rules" "are" "intended" "to" "prevent" "parallel" "proceedings" "before" "the" "courts" "of" "different" "Member" "States" "and" "to" "avoid" "conflicts" "between" "decisions" "which" "might" "result" "therefrom" "’" "." "(" "23" ")" "52" "."


Input: "They" "play" "a" "part" "in" "the" "implementation" "of" "the" "principle" "of" "automatic" "recognition" "of" "judgments" "delivered" "in" "the" "Member" "States" "," "which" "is" "based" "on" "the" "principle" "of" "mutual" "trust" "." "4" "."


Input: "The" "conditions" "for" "lis" "pendens" "and" "their" "application" "to" "the" "case" "in" "the" "main" "proceedings" "53" "."


Input: "The" "Court" "has" "consistently" "held" "that" "the" "concepts" "used" "to" "determine" "a" "situation" "of" "lis" "pendens" "," "in" "particular" "in" "Regulations" "No" "44" "/" "2001" "and" "No" "2201" "/" "2003" "," "should" "be" "considered" "as" "autonomous" "." "54" "."


Input: "Thus" "," "in" "relation" "to" "parental" "responsibility" "," "the" "Court" "has" "expressly" "mentioned" "this" "principle" "on" "the" "basis" "of" "the" "objectives" "pursued" "by" "Regulation" "No" "2201" "/" "2003" "and" "on" "‘" "the" "fact" "that" "the" "wording" "of" "Article" "19" "(" "2" ")" "thereof" "," "instead" "of" "referring" "to" "the" "term" "“" "lis" "pendens" "”" "as" "used" "in" "the" "different" "national" "legal" "systems" "of" "the" "Member" "States" "," "lays" "down" "a" "number" "of" "substantive" "conditions" "as" "components" "of" "a" "definition" "’" "." "(" "24" ")" "55" "."


Input: "In" "proceedings" "relating" "to" "matrimonial" "matters" "," "it" "is" "clear" "from" "Article" "19" "(" "1" ")" "of" "Regulation" "No" "2201" "/" "2003" "," "unlike" "Article" "19" "(" "2" ")" "," "that" "the" "sole" "criterion" "to" "be" "taken" "into" "account" "when" "establishing" "the" "existence" "of" "concurrent" "proceedings" "is" "that" "relating" "to" "the" "parties" "."


Input: "The" "Court" "had" "occasion" "to" "state" "this" "expressly" "in" "the" "judgment" "of" "6" "October" "2015" "," "A" "." "(" "25" ")" "The" "Court" "held" "that" "‘" "a" "situation" "of" "lis" "pendens" "may" "exist" "where" "two" "courts" "of" "different" "Member" "States" "are" "seised" "…" "of" "judicial" "separation" "proceedings" "in" "one" "case" "and" "divorce" "proceedings" "in" "the" "other" "," "or" "where" "both" "are" "seised" "of" "an" "application" "for" "divorce" "’" "." "(" "26" ")" "56" "."


Input: "If" "," "in" "matrimonial" "proceedings" "," "there" "are" "claims" "relating" "to" "parental" "responsibility" "," "the" "rules" "on" "lis" "pendens" "relating" "to" "dissolution" "of" "marriage" "will" "apply" "." "(" "27" ")" "57" "."


Input: "The" "same" "is" "true" "of" "matters" "relating" "to" "maintenance" "when" "the" "matter" "is" "‘" "ancillary" "to" "proceedings" "concerning" "the" "status" "of" "a" "person" "’" "," "pursuant" "to" "Article" "5" "(" "2" ")" "of" "Regulation" "No" "44" "/" "2001" "." "58" "."


Input: "After" "the" "divorce" "has" "been" "decreed" "," "in" "accordance" "with" "Article" "12" "(" "2" ")" "(" "b" ")" "of" "Regulation" "No" "2201" "/" "2003" "," "there" "is" "a" "requirement" "for" "the" "cause" "of" "action" "to" "be" "the" "same" "in" "matters" "of" "parental" "responsibility" "," "pursuant" "to" "Article" "19" "(" "2" ")" "of" "that" "regulation" "." "(" "28" ")" "In" "matters" "relating" "to" "maintenance" "," "the" "rules" "on" "lis" "pendens" "set" "out" "in" "Article" "27" "of" "Regulation" "No" "44" "/" "2001" "," "applicable" "to" "the" "present" "case" "," "require" "the" "cause" "of" "action" "and" "the" "parties" "to" "be" "the" "same" "." "59" "."


Input: "In" "addition" "," "it" "should" "be" "noted" "that" "the" "priority" "given" "to" "the" "court" "first" "seised" "lasts" "until" "that" "court" "declines" "jurisdiction" "following" "an" "examination" "of" "its" "own" "jurisdiction" "," "which" "is" "obligatory" "under" "Article" "17" "of" "Regulation" "No" "2201" "/" "2003" "," "(" "29" ")" "at" "every" "stage" "of" "the" "proceedings" "." "(" "30" ")" "60" "."


Input: "Thus" "," "in" "the" "case" "in" "the" "main" "proceedings" "," "as" "soon" "as" "the" "Romanian" "court" "was" "seised" "," "it" "should" "have" "implemented" "the" "mechanism" "for" "lis" "pendens" "both" "in" "relation" "to" "the" "decision" "on" "the" "dissolution" "of" "the" "marriage" "and" "to" "its" "consequences" "for" "the" "child" "," "who" "lived" "in" "Romania" "," "by" "virtue" "of" "prorogation" "of" "jurisdiction" "of" "the" "Italian" "court" "." "(" "31" ")" "61" "."