SS V. MCP, Case C-603/20 PPU, CJEU, 24 March 2021

Date 24/03/2021 Type Judgment Case number C-603/20 PPU Link Judgment CURIA

Thematic areas

Ethnic pluralism

Advocate General

Athanasios Rantos

President

Koen Lenaerts

Body

Court of Justice of the European Union

Keywords

MinorsProhibition of discriminationPrivate and family life

Areas

Minors and family

Country

Belgium

Rapporteur

Eugene Regan

Abstract

The Community provisions on parental responsibility do not apply to the minor who has acquired habitual residence in a third State on the date of submission of the application relating to parental responsibility. 

Normative references

Regulation (EC) n. 2201/2003 of the Council, of 27 November 2003, on the jurisdiction, recognition and enforcement of decisions in matrimonial matters and in matters of parental responsibility, which repeals Regulation (EC) no. 1347/2000.

Ruling

Art. 10 of Regulation (EC) no. 2201/2003, relating to the jurisdiction, recognition and enforcement of decisions in matrimonial matters and in matters of parental responsibility, must be interpreted in the sense that it does not apply to the case in which it is ascertained that a minor has acquired, on the date for submitting an application relating to parental responsibility, habitual residence in a third State following a removal from that State. In such a case, the jurisdiction of the court seised must be determined in accordance with applicable international conventions, or, in the absence of such an international convention, in accordance with art. 14 of this regulation. (SS and MCP, both Indian citizens with regular residence permits in the United Kingdom, are the parents of a child, a British citizen born in 2017. In October 2018, the mother went to India with the child, who has lived with her ever since. maternal grandmother and therefore no longer has her usual residence in the United Kingdom. The mother relied on this plea to challenge the jurisdiction of the courts of England (and Wales), called to rule on the father's request, requesting the return of the child to the United Kingdom and, in the alternative, the right of access).

Related

L.G. v. Staatssecretaris van Justitie en Veiligheid, Case C-745/21, CGEU, 16 February 2023 JudgmentM. A. v. Belgium, Case C-112/20, CJEU, 11 March 2021 Judgment

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