Yesterday (27 April 2023), the Court of Justice, asked by the District Court of Luxembourg (Tribunal d’arrondissement de Luxembourg) to interpret Arts 9 and 15 of Regulation (EC) No 2201/2003, delivered its judgment on the case No C-372/22, CM v. DN.
More precisely, the referring Court asked: (i) whether the three-month period – provided for in Art 9(1) begins on the day following that of the actual move of the child to another Member State, or the day following that of the judgment which fixed the date of the change of habitual residence of that child; and (ii) to clarify the conditions – provided for in Art 15 – under which jurisdiction can be transferred to the court of another Member State, e.g. the court of the child’s new habitual residence.
In the decision, the Court of Justice stated that Art 9(1) of Regulation No 2201/2003 must be interpreted “as meaning that that the three-month period during which, by way of derogation from Art 8(1), the courts of the Member State of the child’s former habitual residence retain jurisdiction to hear an application for modification of a final judgment concerning rights of access, begins on the day following that on which that child actually moved to the Member State of his or her new habitual residence”. With regards to Art 15, the Court of Justice stated that it must be interpreted “as meaning that the court of the Member State of the child’s former habitual residence, which has jurisdiction as to the substance of the matter under Art 9 of that Regulation, may exercise the option of transferral, set out in Art 15…, to the court of the Member State of that child’s new habitual residence provided that the conditions laid down in Art 15 are satisfied”.
On the sensitive topics addressed in the judgment, the readers of RDIPP may refer to:
Costanza Honorati, 2020, No 4, 796 ff.; Laura Carpaneto, 2018, No 4, 944 ff.; Costanza Honorati, 2017, No 2, 247 ff.; Maria Caterina Baruffi, 2016, No 4, 975 ff.; Costanza Honorati, 2015, No 2, 275 ff.; Laura Carpaneto, 2014, No 4, 931 ff.
Moreover, see, in our Book Series: