Case concerning the application of the convention of governing the guardianship of infants Judgment of 28 November 1957

The case relating to the application of the Convention of 1902 governing the Guardianship of Infants, between the Netherlands and Sweden, was concerned with the validity of the measure of protective upbringing (styddsuppfostrari) taken by the Swedish authorities in respect of an infant, Marie Elisabeth Boll, of Netherlands nationality, residing in Sweden. Alleging that this measure was incompatible with the provisions of The Hague Convention of 1902 governing the guardianship of infants, according to which it is the national law of the infant that is applicable, the Netherlands, in their Application instituting proceedings, asked the Court to declare mat the measure of protective upbringing is not in conformity with the obligations binding upon Sweden by virtue of the Convention and to order the termination of the measure.

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