The case concerned two children born in 2001 and 2003 of a French mother and an Italian father. The parents had a turbulent relationship. In September 2007, the mother left her husband and Italy with the children. On 2 May 2008, a Family Court judge ordered the return of the children to Italy and “recalled” that his order in summary procedure was provisionally enforceable.
On 14 May 2008, the Court of Appeal of Grenoble (Cour d’appel de Grenoble) declared the mother’s request for suspension of the provisional enforcement to be without purpose on the grounds that the order of the family judge was not provisionally enforceable. The Public Prosecutor lodged an appeal with the Cour de cassation.