Judgment of the Court of Justice in Case C-572/21 CC (Transfert de la résidence habituelle de l’enfant vers un État tiers)

Date of article: 14/07/2022

Daily News of: 15/07/2022

Country:  EUROPE

Author: Court of Justice of the European Union

Article language: en

Link: https://curia.europa.eu/jcms/upload/docs/application/pdf/2022-07/cp220128en.pdf

Languages available: bg de en fr hr it sv

PRESS RELEASE No 128/22

Luxembourg, 14 July 2022

Judgment of the Court in Case C-572/21 | CC (Transfer of the child’s habitual residence to a third country)

A court of a Member State does not retain jurisdiction to rule on the custody of a child on the basis of the ‘Brussels IIa’ Regulation 1 where the habitual residence of the child has been lawfully transferred, during the proceedings, to the territory of a third State that is a party to the 1996 Hague Convention 2

CC gave birth to M in 2011, in Sweden. She was granted sole custody of her child from birth. Until October 2019, M always resided in Sweden. From October 2019 M began to attend a boarding school in Russia.

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