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31 OCT 2018

UD v XB (Case C-393/18 PPU)

UD v XB (Case C-393/18 PPU)

(Court of Justice of the European Union, 17 October 2018)

Jurisdiction – Habitual residence – Art 8, BIIA - Preliminary ruling – Physical presence – Coercion of mother to give birth in Bangladesh

The Court of Justice of the European Union held that a child could not be found to be habitually resident in a Member State in which they had never been to for the purposes of Art 8 of BIIA.

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17 October 2018 (*)

(Reference for a preliminary ruling — Urgent preliminary ruling procedure — Judicial cooperation in civil matters — Regulation (EC) No 2201/2003 — Article 8(1) — Jurisdiction in matters of parental responsibility — Concept of ‘habitual residence of the child’ — Requirement of physical presence — Detention of the mother and child in a third country against the will of the mother — Infringement of the fundamental rights of the mother and child)

In Case C 393/18 PPU,

REQUEST for a preliminary ruling under Article 267 TFEU from the High Court of Justice (England and Wales), Family Division, made by decision of 6 June 2018, received at the Court on 14 June 2018, in the proceedings


THE COURT (First Chamber),

composed of R. Silva de Lapuerta, Vice-President acting as President of the First Chamber, J.-C. Bonichot, E. Regan (Rapporteur), C.G. Fernlund and S. Rodin, Judges,

Advocate General: H. Saugmandsgaard Øe,

Registrar: M. Ferreira, Principal Administrator

Judgment: UD v XB C-39318.rtf

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