Communication: new case No. 0087 of 2022

IDENTIFIER
62022CN0087
LANGUAGE
English
COURT
Court of Justice of the European Union
AG OPINION
NO
REFERENCES MADE
0
REFERENCED
0
DOCUMENT TYPE
Communication: new case

Judgment



30.5.2022   

EN

Official Journal of the European Union

C 213/25


Request for a preliminary ruling from the Landesgericht Korneuburg (Austria) lodged on 9 February 2022 — TT v AK

(Case C-87/22)

(2022/C 213/34)

Language of the case: German

Referring court

Landesgericht Korneuburg

Parties to the main proceedings

Appellant: TT

Respondent: AK

Questions referred

1.

Must Article 15 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, (1) be interpreted as meaning that the courts of a Member State having jurisdiction as to the substance of the matter, if they consider that a court of another Member State, with which the child has a particular connection, would be better placed to hear the case, or a specific part thereof, may request such a court to assume jurisdiction even in the case where that other Member State has become the place of habitual residence of the child following wrongful removal?

2.

If Question 1 is answered in the affirmative:

Must Article 15 of Regulation No 2201/2003 be interpreted as meaning that the criteria for the transfer of jurisdiction that are set out in that article are regulated exhaustively, without the need to consider further criteria in the light of proceedings initiated under Article 8(f) of the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction?


(1)  OJ 2003 L 338, p. 1.



Citations

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