Order — ECLI:EU:C:2018:220
Date: 2018-04-10
Language of the case: Romanian
Court formation: First Chamber
Subject matter: Area of freedom, security and justice;Judicial cooperation in civil matters
Procedure: Preliminary reference - urgent procedure
Origin: Romania

Summary — Order of the Court (First Chamber), 10 April 2018 Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility — Regulation No 2201/2003 — Jurisdiction, applicable law, recognition and enforcement of decisions in matters relating to maintenance obligations — Regulation No 4/2009 – Jurisdiction in matters of parental responsibility and maintenance obligations – Wrongful removal or retention of a child – Jurisdiction of the courts of the Member State other than that of the habitual residence of the child prior to its removal — Absence — Limits (Council Regulations No 2201/2003, Art. 10, and No 4/2009, Art. 3) Article 10 of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000, and Article 3 of Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, must be interpreted as meaning that, in a case such as that at issue in the main proceedings, in which a child who was habitually resident in a Member State was wrongfully removed by one of the parents to another Member State, the courts of that other Member State do not have jurisdiction to rule on an application relating to custody or the determination of a maintenance allowance with respect to that child, in the absence of any indication that the other parent consented to his removal or did not bring an application for the return of that child. (see para. 57, operative part)