Judgment_paragraph 13 · RG v SF (C-498/14 PPU)

13Article 1322i of the Belgian Judicial Code, as amended by the loi du 30 juillet 2013 portant création du tribunal de la famille [law of 30 July 2013 on the creation of a family court] (‘the Judicial Code’), is worded as follows:‘§ 1. An order on the non-return of a child issued by a foreign court, together with all accompanying documents, transmitted to the central Belgian authority in accordance with Article 11(6) of [the Regulation], shall be sent by registered post to the Registry of the court of first instance attached to the court of appeal within whose jurisdiction the child was habitually resident immediately before the wrongful removal or retention.§ 2. Upon receipt of the documents, and by no later than the third working day after receipt, the Registrar shall, by judicial notification, communicate to the parties and to the office of the public prosecutor the information referred to in Article 11(7) of [the Regulation]. The judicial notification shall contain the following information:1° the text of Article 11 of [the Regulation];2° an invitation to the parties to lodge submissions at the Registry within three months of the notification. The lodging of submissions shall constitute the bringing of an action before the family court of first instance.§ 3. If at least one of the parties lodges submissions, the Registrar shall forthwith invite the parties to attend a hearing on the first available date.§ 4. The bringing of an action before the family court shall give rise to the suspension of any proceedings commenced before courts or tribunals relating to a dispute regarding matters of parental responsibility or a related dispute.§ 5. If the parties do not make submissions to the court within the period laid down in § 2(2) the family court shall issue an order recording the absence of submissions, and the Registrar shall give notice of that order to the parties, to the central authority and to the [public prosecutor].§ 6. A judgment on the question of the custody of the child delivered in accordance with Article 11(8) of [the Regulation] may, at the request of one of the parties, also deal with rights of access in the event that the child’s return to Belgium is ordered in that judgment.§ 7. The Registrar shall serve notice of the judgment referred to in § 6 on the parties, the [public prosecutor] and the Belgian authority by judicial notification.§ 8. The Belgian central authority has sole responsibility to transmit the judgment and the accompanying documents to the competent authorities of the State in which the order on non-return was delivered.§ 9. For the application of Article 11(7) and (8) of [the Regulation], the child shall be heard in accordance with Article 42(2)(a) of that regulation and Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.’