Judgment of the Court (Fifth Chamber) of 24 March 2021 (request for a preliminary ruling from the High Court of Justice) (England & Wales), Family Division – United Kingdom) – SS v MCP
(Case C-603/20 PPU) 1
(Reference for a preliminary ruling – Urgent preliminary ruling procedure – Area of freedom, security and justice – Judicial cooperation in civil matters – Regulation (EC) No 2201/2003 – Article 10 – Jurisdiction in matters of parental responsibility – Abduction of a child – Jurisdiction of the courts of a Member State – Territorial scope – Removal of a child to a third State – Habitual residence acquired in that third State)
Language of the case: English
Referring court
High Court of Justice (England & Wales), Family Division
Parties to the main proceedings
Applicant: SS
Defendant: MCP
Operative part of the judgment
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, as amended by Council Regulation (EC) No 2116/2004 of 2 December 2004, must be interpreted as meaning that it is not applicable to a situation where a finding is made that a child has, at the time when an application relating to parental responsibility is brought, acquired his or her habitual residence in a third State following abduction to that State. In that situation, the jurisdiction of the court seised will have to be determined in accordance with the applicable international conventions, or, in the absence of any such international convention, in accordance with Article 14 of that regulation.
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1 OJ C 28, 25.1.2021.