Scope of the concept of parental responsibility in the RBIIter. Analysis based on the CJEU Judgment of 6 March 2025, c‑395/23, Anikovi

Abstract

Article 7 RBII ter, as a general rule, confers international jurisdiction on the courts of the Member State of the child’s habitual residence to hear disputes relating to parental responsibility with a cross-border component. However, doubts have arisen regarding the definition of parental responsibility, requiring the CJEU to intervene to clarify this concept. This paper will examine the CJEU judgment of 6 March 2025, C-395/23, Anikovi, which resolves the question of whether judicial authorization sought on behalf of a Russian minor, habitually resident in one Member State (Germany), to sell his shares in the joint ownership of a property located in another Member State (Bulgaria), falls within the scope of parental responsibility and, therefore, whether the courts of the Member State in which the minor habitually resides at the time the application is filed have jurisdiction to grant such authorization.