IB (Residence habituelle d'un epoux - Divorce) (Judgment) French Text [2021] EUECJ C-289/20 (25 November 2021)

IB (Residence habituelle d'un epoux - Divorce) (Judgment) French Text [2021] EUECJ C-289/20 (25 November 2021)

A spouse who shares life between two Member States cannot have habitual residence in more than one Member State; only the courts of the Member State where the habitual residence is located have jurisdiction to rule on the dissolution of the matrimonial bond under Article 3(1)(a) of Regulation 2201/2003.

Citation
[2021] EUECJ C-289/20
Parties
Applicant: IB; Respondent: FA
Jurisdiction
European Union
Judgment Date
25 November 2021
Procedural Posture
Preliminary Reference / Judgment
Outcome
preliminary reference answered
Legal Topics
Divorce, Jurisdiction, Habitual Residence, EU Regulation 2201/2003
Family Law Private International Law Civil Procedure Divorce Jurisdiction Habitual Residence EU Regulation 2201/2003

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

IB

Applicant

FA

Respondent

Procedural Posture

Preliminary Reference / Judgment

Legal Issues

  1. 1 Can a spouse have habitual residence in more than one Member State for the purposes of jurisdiction under Article 3(1)(a) of Regulation (EC) No 2201/2003?

Ratio Decidendi

A spouse who shares life between two Member States cannot have habitual residence in more than one Member State; only the courts of the Member State where the habitual residence is located have jurisdiction to rule on the dissolution of the matrimonial bond under Article 3(1)(a) of Regulation 2201/2003.

Court Disposition

preliminary reference answered

Orders

  • Article 3(1)(a) of Regulation (EC) No 2201/2003 must be interpreted as meaning that a spouse who shares life between two Member States can only have habitual residence in one Member State; only the courts of that Member State have jurisdiction to rule on the dissolution of the matrimonial bond.