La «supresión» del exequátur en el R 2201/2003

Abstract

This study is focused on Articles 11(8) and 42 Council Regulation (EC) No 2201/2003, which establish that, notwithstanding a judgment of non-return according to the 1980 Hague Convention, a subsequent judgment which requires the return of the child shall be recognised and enforceable in another Member State without the need for a declaration of enforceability and without any possibility of opposing its recognition. This article is aimed at studying the requirements that must be fulfilled by the resolution which requires the return of the child.