Judgment of the Court (First Chamber) of 2 August 2021 (request for a preliminary ruling from the Korkein oikeus – Finland) – A v B
(Case C-262/21 PPU) 1
(Reference for a preliminary ruling – Area of freedom, security and justice – Jurisdiction, recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility – Regulation (EC) No 2201/2003 – Scope – Article 2(11) – Definition of ‘wrongful removal or retention of a child’ – Hague Convention of 25 October 1980 – Application for the return of a young child whose parents have joint custody – Third-country nationals – Transfer of the child and his or her mother to the Member State responsible for examining an application for international protection pursuant to Regulation (EU) No 604/2013 (Dublin III))
Language of the case: Finnish
Referring court
Korkein oikeus
Parties to the main proceedings
Applicant: A
Defendant: B
Operative part of the judgment
Article 2(11) 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, must be interpreted as meaning that the situation in which one parent, without the consent of the other parent, is led to take his or her child from his or her Member State of habitual residence to another Member State in application of a transfer decision, made by the former Member State on the basis of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person, and then to remain in the latter Member State after that transfer decision has been annulled without the authorities of the former Member State deciding to take back the persons transferred or to grant them residence, cannot constitute a wrongful removal or retention within the meaning of that provision.
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1 OJ C 252, 28.6.2021.