THE SCOPE AND CONDITIONS OF APPLICATION IN THE CASE LAW THE INTERNATIONAL JURISDICTION RULE CONTAINED IN ARTICLE 10 OF THE COUNCIL REGULATION (EC) N. 2201/2003

The interpretation of article 10 of the Brussels II bis Regulation is the purpose of this paper. Article 10 allows, on the one hand, to maintain the jurisdiction of the authorities where the child was previously habitual residence before the wrongful removal or retention and, on the other hand, permits to transfer the jurisdiction to the authorities of the State where the child has been removed when its conditions have been satisfied. The interpretation of article 10 is controversial. This paper deals with its territorial scope, the requirements and conditions for its application through the interpretation of the European Court of Justice case law.