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Document 62022CN0372
Case C-372/22: Request for a preliminary ruling from the Tribunal d’arrondissement de Luxembourg (Luxembourg) lodged on 9 June 2022 — CM v DN
Case C-372/22: Request for a preliminary ruling from the Tribunal d’arrondissement de Luxembourg (Luxembourg) lodged on 9 June 2022 — CM v DN
Case C-372/22: Request for a preliminary ruling from the Tribunal d’arrondissement de Luxembourg (Luxembourg) lodged on 9 June 2022 — CM v DN
OJ C 359, 19.9.2022, p. 28–28
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
19.9.2022 |
EN |
Official Journal of the European Union |
C 359/28 |
Request for a preliminary ruling from the Tribunal d’arrondissement de Luxembourg (Luxembourg) lodged on 9 June 2022 — CM v DN
(Case C-372/22)
(2022/C 359/31)
Language of the case: French
Referring court
Tribunal d’arrondissement de Luxembourg
Parties to the main proceedings
Applicant: CM
Defendant: DN
Questions referred
1. |
Does Article 9(1) 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 (1) apply:
notwithstanding that recital 12 of that regulation states that ‘the grounds of jurisdiction in matters of parental responsibility established in the present Regulation are shaped in the light of the best interests of the child, in particular on the criterion of proximity[; t]his means that jurisdiction should lie in the first place with the Member State of the child’s habitual residence, except for certain cases of a change in the child’s residence …’? |
2. |
If question 1 is answered in the affirmative, does the jurisdiction which thus exists under Article 9(1) 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, which is expressed to be ‘by way of exception to Article 8’ of that regulation, preclude the application of Article 15 of the same regulation, which is expressed to apply ‘by way of exception’ and where it ‘is in the best interests of the child’? |