Judgment_paragraph 53 · MPA v LCDNMT (C-501/20)

53In the light of those considerations and having regard to the fact that Article 3(a) and (b) of Regulation No 4/2009 and Article 3 of the Hague Protocol are based on a common connecting factor – namely the habitual residence of the person concerned – and have close links, it is justified that the definition of that factor be guided by the same principles and characterised by the same elements in both instruments. Thus, although the specific assessment of the habitual residence of the maintenance applicant, creditor or, as the case may be, debtor depends on circumstances which are specific to each individual case and liable to vary, in particular, depending on the age and environment of the person concerned, it is logical that the concept of ‘habitual residence’, within the meaning of Article 3(a) and (b) of Regulation No 4/2009, should be characterised, first, by the intention of the person concerned to establish the usual centre of his or her life in a particular place and, second, by a sufficiently stable presence in the territory of the Member State concerned.

MPA v LCDNMT (C-501/20)

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