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Document 62020CJ0522

Judgment of the Court (Third Chamber) of 10 February 2022.
OE v VY.
Reference for a preliminary ruling – Validity – Judicial cooperation in civil matters – Jurisdiction to hear and determine an application for divorce – Article 18 TFEU – Regulation (EC) No 2201/2003 – Fifth and sixth indents of Article 3(1)(a) – Difference between the length of the residence period required for the purposes of determining which court has jurisdiction – Distinction between a resident who is a national of the Member State of the court before which the application is brought and a resident who is not a national of that Member State – No discrimination on grounds of nationality.
Case C-522/20.

ECLI identifier: ECLI:EU:C:2022:87

Case C‑522/20

OE

v

VY

(Request for a preliminary ruling from the Oberster Gerichtshof)

Judgment of the Court (Third Chamber) of 10 February 2022

(Reference for a preliminary ruling – Validity – Judicial cooperation in civil matters – Jurisdiction to hear and determine an application for divorce – Article 18 TFEU – Regulation (EC) No 2201/2003 – Fifth and sixth indents of Article 3(1)(a) – Difference between the length of the residence period required for the purposes of determining which court has jurisdiction – Distinction between a resident who is a national of the Member State of the court before which the application is brought and a resident who is not a national of that Member State – No discrimination on grounds of nationality)

Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility – Regulation No 2201/2003 – Jurisdiction in matters of legal separation, divorce and marriage annulment – General jurisdiction – Duration of the applicant’s period of residence required to determine jurisdiction

(Art. 18 TFEU; Council Regulation No 2201/2003, fifth and sixth indents of Art. 3(1)(a))

(see paragraphs 30, 34-38, 40-42; operative part)

See the text of the decision.

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