Request for a preliminary ruling from the Sąd Okręgowy w Poznaniu (Poland) lodged on 26 November 2020 – W.J. v L.J. and J.J. represented by their legal representative A.P.

(Case C-644/20)

Language of the case: Polish

Referring court

Sąd Okręgowy w Poznaniu

Parties to the main proceedings

Applicant: W.J.

Defendants: L.J. and J.J. represented by their legal representative A.P.

Question referred

Must Article 3(1) and (2) of the Hague Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations, approved on behalf of the European Community by Council Decision 2009/941/EC of 30 November 2009 (OJ 2009 L 331, p. 17), 1 be interpreted as meaning that a creditor who is a child may acquire a new habitual residence in the State in which he or she was wrongfully retained if a court orders the return of the creditor to the State in which he or she habitually resided immediately prior to the wrongful retention?

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1 OJ 2009 L 331, p. 17.