Judgment_paragraph 21 · CM v DN (C-372/22)

21As a preliminary point, it is important to recall that, as is apparent from recital 12 of Regulation No 2201/2003, that regulation was drawn up with the objective of meeting the best interests of the child and, to that end, it favours the criterion of proximity. The EU legislature, in effect, considered that the court geographically close to the child’s habitual residence is the court best placed to assess the measures to be taken in the interests of the child. According to that recital, jurisdiction should lie in the first place with the Member State of the child’s habitual residence, except in certain cases of a change in the child’s residence or pursuant to an agreement between the holders of parental responsibility (judgment of 15 February 2017, W and V, C‑499/15, EU:C:2017:118, paragraph 51 and the case-law cited).

CM v DN (C-372/22)

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