Comunicaciones al DO nº C-85/18 PPU of Tribunal de Justicia, Sala 1ª, April 13, 2018
Resolution Date | April 13, 2018 |
Issuing Organization | Sala Primera |
Decision Number | C-85/18 PPU |
Petición de decisión prejudicial planteada por la Judecătoria Oradea (Rumanía) el 8 de febrero de 2018 - CV / DU
(Asunto C-85/18)
Lengua de procedimiento: rumano
Órgano jurisdiccional remitente
Judecătoria Oradea
Partes en el procedimiento principal
Demandante: CV
Demandada: DU
Cuestiones prejudiciales
¿Debe interpretarse el concepto de residencia habitual del menor, conforme al artículo 8, apartado 1, del Reglamento (CE) n.º 2201/2003, 1 en el sentido de que tal residencia habitual corresponde al lugar en relación con el cual el menor presenta una determinada integración en un ámbito social y familiar, al margen de si existe una resolución judicial pronunciada en el territorio de otro Estado miembro después de que el menor se trasladara con su padre al territorio del Estado en el que el menor se ha integrado en ese ámbito social y familiar? O bien ¿se aplica en ese caso lo dispuesto por el artículo 13 del Reglamento (CE) n.º 2201/2003, que establece la competencia basada en la presencia del menor?
¿Es pertinente en tal caso, para determinar la residencia habitual, el hecho de que el menor tiene la nacionalidad del Estado miembro en el que se estableció con su padre y los padres solo tienen la nacionalidad rumana?
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