Parental responsibility in a cross-border context

Once it has given judgment, the European Court of Justice will send its ruling to the national court. The national court will then revive its proceedings and continue to hear the case with the guidance from the Court’s ruling forming the basis of its decision. The national court must apply the ruling of the European Court of Justice to the facts. The Court will not have decided the case, although its guidance may be very clear and its impact on the facts without much dispute, where it has provided a very specific answer to the referred questions.

• If the ruling from the Court is in conflict with provisions of national law, the national court must apply EU law.
• EU law takes priority over national law.