argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: Judiciary power - competence - habitual residence of child

On 14 July 2022, the E.U. Court of Justice - in case C-572/21 - ruled that a judge of a Member State does not remain competent to rule on the custody of the child on the basis of the “Brussels II bis” Regulation when the habitual residence of the minor was lawfully transferred, during the procedure, to the territory of a third State which is party to the 1996 Hague Convention. In the specific case, in fact, the habitual residence of the minor was transferred to the territory of a third State party to 1996 Hague Convention before the competent court of a Member State, dealing with the dispute in matters of parental responsibility, had ruled.