Procedural Matters|Interpretation of the Convention
Appeal allowed, return ordered
The court allowed the appeal and ordered the child’s return to Italy. The situation did not amount to a “fundamental change in circumstances” required in order to set aside a decision under the 1980 Convention.
Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)
CJEU - Preliminary ruling issued, case remitted to national courts
In the case of abduction to a third party (non-EU Member) State, the jurisdiction of the court of an EU Member State that is seised of an action relating to parental responsibility cannot be based on Article 10 of the Brussels II bis Regulation.
Where a finding is made that the child now has his or her habitual residence in a third State, the jurisdiction of the court will have to be determined in accordance with the applicable international conventions or, in their absence, in accordance with Article 14 of the Brussels II bis Regulation.