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Document 62018CN0085

    Case C-85/18: Request for a preliminary ruling from the Judecătoria Oradea (Romania) lodged on 8 February 2018 — CV v DU

    OJ C 152, 30.4.2018, p. 14–14 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    30.4.2018   

    EN

    Official Journal of the European Union

    C 152/14

    Request for a preliminary ruling from the Judecătoria Oradea (Romania) lodged on 8 February 2018 — CV v DU

    (Case C-85/18)

    (2018/C 152/15)

    Language of the case: Romanian

    Referring court

    Judecătoria Oradea

    Parties to the main proceedings

    Applicant: CV

    Respondent: DU

    Questions referred

    1.

    Is the concept of habitual residence of the child, within the meaning of Article 8(1) of Regulation No 2201/2003 (1), to be interpreted as meaning that such habitual residence corresponds to the place where the child has demonstrated some degree of integration into the social and family environment, irrespective of the fact that a ruling has been made in another Member State, after the child moved with his father to the territory of the State, where the minor has integrated into that social and family environment? If that is the case, should Article 13 of Regulation No 2201/2003, which determines jurisdiction based on the child’s presence, be applied?

    2.

    Is the fact that the minor has the nationality of the Member State in which he lives with his father, in circumstances where his parents have Romanian nationality only, relevant for the purpose of determining habitual residence?

    (1)  Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (OJ 2003 L 338, p. 1).

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