Y, de repente, las dudas en la aplicación del mecanismo de prevalencia en los casos europeos de traslado ilícito de menoresSentencia del Tribunal de Justicia 13 de julio de 2023, asunto C‐87/22: TT y AK

Abstract

In a surprising and interesting judgment, the CJEU calls into question the interpretation that had been made of Article 10 of Regulation (EC) 2201/2003 and its relationship with the return proceedings in a case of wrongful removal of children. The mechanism of prevalence is altered insofar as it considers that it is possible for the court of the Member State in which the children were resident prior to the transfer to make use of Article 15 and refer the case to the Member State to which they have been wrongfully removed if they consider that this is justified on the grounds of the best interests of the children.