Perpetuatio fori and coexistence between Regulation (EC) 2201/2003 and the 1996 Hague Convention. Regarding the STJUE of July 14, 2022, case C-572/21, CC

Abstract

The CJEU clarifies a relevant aspect of the coexistence between the Hague Convention of 1996 and Regulation (EC) 2201/2003. Specifically, it determines that if once the procedure has been initiated in a Member State, the child changes his residence to a third State party to the 1996 Convention, this is applied in preference to the Regulation. It would not have hurt if a matter of this relevance had been clarified by the European legislator in the new version of the Regulation.