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CJEU on acquisition of new habitual residence under the 2007 Hague Protocol subsequently to a wrongful removal, case W.J., C-644/20
Under the Hague Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations, maintenance obligations are governed by the law of the State of habitual residence of the creditor, save where the Protocol itself provides otherwise [Article 3(1)]. Echoing the issues pertaining to the so-called conflit mobile, the Protocol provides also that in the case of a change in the habitual residence of the creditor, the law of the State of the new habitual residence is to apply as from the moment when the change occurs [Article 3(2)].
If the creditor is a child, does a wrongful removal – followed by an order commanding to return the child to the State in which he/she habitually resided immediately prior to the wrongful removal – constitute an obstacle to the acquisition of a new place of habitual residence by the creditor? This is the legal issue that the Court addresses in its judgment handed down this Thursday in the case W.J., C-644/20.
Pax Moot 2022 results
The Pax Moot Borrás Round of 2022 took place in Paris on 4 to 6 May. The preliminary rounds and semi-finals were held at the Universities of Sciences-Pio and Paris-Dauphine; the finals took place at the Commercial Court on the Quai de la Corse.
The University of Ljubljana won the oral rounds, with the University of Ghent as runner-up.
For the written memorials two teams share the winning position: the Università Cattolica del Sacro Cuore Milano and the Universität Wien.
Santiago García Parga, from Universidad Autónoma de Madrid won the prize for the best pleader.
The European Commission co-funds the moot court.
Global Security and International Rule of Law
Dr Sophie Duroy and Dr Rishi Gulati, both presently members of the KFG Berlin Potsdam Research Group ‘The International Rule of Law – Rise or Decline?’, will be hosting a virtual half-day webinar titled “Global Security and the International Rule of Law: Interdisciplinary Perspectives” on 30 May 2022. The event is free to attend. A program and link to registration is below: