JE (Loi applicable au divorce) (Enhanced cooperation in the area of the law applicable to divorce and legal separation - Judgment) [2020] EUECJ C-249/19 (16 July 2020)

JE (Loi applicable au divorce) (Enhanced cooperation in the area of the law applicable to divorce and legal separation - Judgment) [2020] EUECJ C-249/19 (16 July 2020)

Article 10 of Regulation (EU) No 1259/2010 applies only where the foreign law applicable makes no provision for divorce in any form; it does not apply merely because the foreign law imposes more restrictive conditions for divorce than the law of the forum.

Source-derived case information.

Citation
[2020] EUECJ C-249/19
Parties
Applicant: JE; Respondent: KF
Jurisdiction
European Union
Judgment Date
16 July 2020
Procedural Posture
Preliminary Ruling / Reference From National Court to Court of Justice of the European Union
Outcome
Preliminary ruling issued; Article 10 of Regulation No 1259/2010 applies only where the applicable foreign law makes no provision for divorce in any form.
Legal Topics
Divorce, Applicable Law, Conflict of Laws, Legal Separation
European Union Law Private International Law Family Law Divorce Applicable Law Conflict of Laws Legal Separation

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Parties

JE

Applicant

KF

Respondent

Procedural Posture

Preliminary Ruling / Reference From National Court to Court of Justice of the European Union

Legal Issues

  1. 1 Interpretation of Article 10 of Regulation (EU) No 1259/2010 regarding the meaning of 'makes no provision for divorce'

Ratio Decidendi

Article 10 of Regulation (EU) No 1259/2010 applies only where the foreign law applicable makes no provision for divorce in any form; it does not apply merely because the foreign law imposes more restrictive conditions for divorce than the law of the forum.

Court Disposition

Preliminary ruling issued; Article 10 of Regulation No 1259/2010 applies only where the applicable foreign law makes no provision for divorce in any form.

Orders

  • Article 10 of Council Regulation (EU) No 1259/2010 must be interpreted as meaning that the expression ‘where the law applicable by virtue of Article 5 or Article 8 makes no provision for divorce’ applies only where the foreign law applicable makes no provision for divorce in any form.