62021CO0724_INF
Order of the Court (Eighth Chamber) of 16 May 2022 –Staatsanwaltschaft Köln (Removal of a child to Romania)
(Case C‑724/21)
(Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Citizenship of the Union – Article 21 TFEU – Right to move and reside freely in the territory of the Member States – Criminal offence specifically concerning international child abduction – Restriction – Child protection – Proportionality)
Citizenship of the Union – Right to move and reside freely within the territory of the Member States – Legislation of a Member State making it a criminal offence for a parent to separate a child from his or her guardian in order to take the child abroad – Legislation which makes that same act a criminal offence, in the case of a child in the territory of the first Member State, only if recourse is had to force, threat of serious harm or deception – Not permissible – Justification – Proportionality – Absence of proportionality
(Art. 21 TFEU; Council Regulation No 2201/2003, Recitals 2 and 21)
(see paras 24, 29-31, operative part)
Operative part
Article 21 TFEU must be interpreted as precluding the legislation of a Member State under which the removal by a parent of a child from the carer who is entitled to determine the place of that child’s residence, with the aim of taking the child abroad, attracts criminal penalties even in the absence of force, threat of serious harm or deception, whereas where such removal takes place in the territory of the first Member State, the same act is punishable only if recourse is had to force, threat of serious harm or deception.