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Case C-724/21: Order of the Court (Eighth Chamber) of 16 May 2022 (request for a preliminary ruling from the Landgericht Köln — Germany) — RV (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Citizenship of the Union — Article 21 TFEU — Right to move and reside freely in the territory of the Member States — Criminal offence specifically concerning international child abduction — Restriction — Child protection — Proportionality)
ECLI:EU:UNKNOWN:62021CB0724
62021CB0724
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11.7.2022
Official Journal of the European Union
C 266/8
(Case C-724/21) (<span class="oj-super oj-note-tag">1</span>)
(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Citizenship of the Union - Article 21 TFEU - Right to move and reside freely in the territory of the Member States - Criminal offence specifically concerning international child abduction - Restriction - Child protection - Proportionality)
(2022/C 266/10)
Language of the case: German
Referring court
Parties to the main proceedings
Defendant: RV
Interested party: Staatsanwaltschaft Köln
Operative part of the order
Article 21 TFEU must be interpreted as precluding the legislation of a Member State under which the removal by a parent of a child from the carer who is entitled to determine the place of that child’s residence, with the aim of taking the child abroad, attracts criminal penalties even in the absence of force, threat of serious harm or deception, whereas where such removal takes place in the territory of the first Member State, the same act is punishable only if recourse is had to force, threat of serious harm or deception.
Date lodged: 30 November 2021.
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