Freedom of movement

Return of a child to his country of habitual residence in a case of clear child abduction

L (Grave Risk of Harm) (Child’s Objections) [2015] EWHC 3300 (Fam) (16 November 2015)

In this case, where a father seeks the return of his son to his country of habitual residence (Bulgaria), the main issues for determination under Article 13 of the Convention on the Civil Aspects of International Child Abduction 1980 are whether a return of the child (L) to Bulgaria would expose him to a grave risk of psychological or physical harm or otherwise place him in an intolerable situation and whether L objects to returning to Bulgaria, and has attained an age and degree of maturity at which his views should be taken into account.

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Austrian Supreme Court (OGH) interpreted Regulation (EC ) No 1301/2006

OGH Entscheidungstext 30.07.2015 10Ob70/14p

The present case concerns an agreement for the transfer of import certificate for obtaining a license for the import of poultry on preferential terms and the contentious issue whether this agreement is void. In that regard the Austrian Supreme Court (OGH) interpreted Regulation (EC ) No 1301/2006 of the Commission of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (Regulation) and with the provisions in Articles 5 and 6, as well as with the provisions in § 879 and § 914 of the Austrian General Civil Code (ABGB).

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The French Council of State used the humanitarian clause (Article 17 of the ”Dublin III” EU Regulation) and granted asylum to a Kosovo family

Conseil d’État, Juge des référés, 29/01/2015, 387329

The present case concerns the admission of foreign nationals seeking asylum.
A family originated from Kosovo arrived in France and lodged an application seeking asylum. French authorities found out that, a few months earlier, they have sought asylum in Hungry. According to the ”Dublin II” rule Hungry was the State competent to grant asylum. for this reason, the prefect of Aveyron (préfet de l’Aveyron) refused the right of residence to the family (decree from 12.11.14) and ordered their surrender to the Hungarian authorities (decree from 12.12.14). In order to secure the surrender, the prefect also ordered a house arrest. The family referred the matter to the Administrative court of Toulouse (Tribunal administratif de Toulouse) which suspended the litigated decree under interim procedure.
The Minister of Home Affairs lodged an appeal before the Supreme Court (Conseil d’Etat) which rejected the claim.

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