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Case C-400/10: Reference for a preliminary ruling from the Supreme Court (Ireland) made on 6 August 2010 — J. McB. v L. E.
ECLI:EU:UNKNOWN:62010CN0400
62010CN0400
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25.9.2010
Official Journal of the European Union
C 260/13
(Case C-400/10)
()
2010/C 260/17
Language of the case: English
Referring court
Supreme Court, Ireland
Parties to the main proceedings
Applicant: J. McB.
Defendant: L. E.
Question referred
Does Council Regulation (EC) No 2201/2003 (1) of 27th November 2003 on the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (2), whether interpreted pursuant to Article 7 of the Charter of Fundamental Rights of the European Union or otherwise, preclude a Member State from requiring by its law that the father of a child who is not married to the mother shall have obtained an order of a court of competent jurisdiction granting him custody in order to qualify as having ‘custody rights’ which render the removal of that child from its country of habitual residence wrongful for the purposes of Article 2.11 of that Regulation?
(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 L 338, p. 1
(2) Council Regulation (EC) No 1347/2000 of 29 May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses
OJ L 160, p. 19