Judgment of the Court (Fifth Chamber) of 8 June 2017 (request for a preliminary ruling from the Monomeles Protodikeio Athinon — Greece) — OL v PQ

(Case C-111/17) (1)

((Reference for a preliminary ruling - Judicial cooperation in civil matters - Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility - International child abduction - Hague Convention of 25 October 1980 - Regulation (EC) No 2201/2003 - Article 11 - Application for return - Concept of ‘habitual residence’ of an infant - Child born, as agreed by her parents, in a Member State other than that where they were habitually resident - Child continuing to reside for the first months of her life in the Member State of her birth - Mother’s decision not to return to the Member State where the couple had been habitually resident))

(2017/C 249/16)

Language of the case: Greek

Referring court

Monomeles Protodikeio Athinon

Parties to the main proceedings

Applicant: OL

Defendant: PQ

Operative part of the judgment

Article 11(1) of 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, must be interpreted as meaning that, in a situation, such as that in the main proceedings, where a child has been born and has lived continuously with her mother for several months, in accordance with the joint wishes of her parents, in a Member State other than that where those parents were habitually resident before her birth, the initial intention of the parents with respect to the return of the mother, together with the child, to the latter Member State cannot allow the conclusion that that child was ‘habitually resident’ there, within the meaning of that regulation.

Consequently, in such a situation, the refusal of the mother to return to the latter Member State together with the child cannot be considered to be a ‘wrongful removal or retention’ of the child, within the meaning of Article 11(1).

(1)  OJ C 144, 8.5.2017.