Judgment_paragraph 36 · TT v AK (C-87/22)

36That provision gives effect to one of the aims of Regulation No 2201/2003 which is to deter the wrongful removal or retention of children between Member States (see, to that effect, judgment of 23 December 2009, Detiček, C‑403/09 PPU, EU:C:2009:810, paragraph 49). It thus serves to defeat what would otherwise be the effect of the application of the general rule of jurisdiction, laid down in Article 8(1) of that regulation, in a case of the wrongful removal of the child concerned, namely the transfer of jurisdiction to the Member State where the child may have acquired a new habitual residence, following his or her wrongful removal or retention. Since that transfer of jurisdiction might secure a procedural advantage for the perpetrator of the wrongful act, Article 10 of that regulation provides that the courts of the Member State where the child was habitually resident immediately before the wrongful removal or retention are to retain, in principle, their jurisdiction as to the substance of the case in question (see, to that effect, judgments of 1 July 2010, Povse, C‑211/10 PPU, EU:C:2010:400, paragraphs 41 and 44, and of 24 March 2021, MCP, C‑603/20 PPU, EU:C:2021:231, paragraph 45).

TT v AK (C-87/22)

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