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Document 62009CO0312

Order of the Court (Seventh Chamber) of 17 June 2010.
Giorgos Michalias v Christina A. Ioannou-Michalia.
Reference for a preliminary ruling: Anotato Dikastirio Kyprou - Cyprus.
Article 104(3), second paragraph of the Rules of Procedure - Regulation (EC) No 1347/2000 - Articles 2, 42 and 46 - Judicial cooperation in civil matters - Jurisdiction in matrimonial matters - Accession of a State to the European Union - Divorce proceedings commenced before accession - Temporal scope of Regulation (EC) No 1347/2000).
Case C-312/09.

European Court Reports 2010 I-00082*

ECLI identifier: ECLI:EU:C:2010:357





Order of the Court (Seventh Chamber) of 17 June 2010 – Michalias v Ioannou-Michalia

(Case C‑312/09)

Article 104(3), second paragraph of the Rules of Procedure – Regulation (EC) No 1347/2000 – Articles 2, 42 and 46 – Judicial cooperation in civil matters – Jurisdiction in matrimonial matters – Accession of a State to the European Union – Divorce proceedings begun before accession – Temporal scope of Regulation (EC) No 1347/2000

1.                     Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility – Regulation No 1347/2000 (Accession Act of 2003; Council Regulation No 1347/2000, Arts 2, 42(1), and 46) (see paras 25-26 and operative part)

2.                     Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility – Regulation No 1347/2000 (Accession Act of 2003; Council Regulation No 1347/2000, Art. 42(2)) (see paras 27-28)

Re:

Reference for a preliminary ruling – Anotato Diastirio Kyprou – Jurisdiction of the courts of a Member State (Cyprus) to interpret and apply Articles 2(1), 42 and 46 of Council Regulation (EC) No 1347/2000 of 29 May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses (OJ 2000 L 160, p. 19) – Divorce proceedings begun by the husband before the courts of Cyprus after the entry into force of the regulation but before Cyprus became a Member State – Divorce proceedings begun by the wife after 1 May 2004 before the courts of another Member State (United Kingdom) which was a Member State throughout the relevant period – Both spouses being Cypriot nationals but having their permanent residence in the United Kingdom.

Operative part:

Council Regulation (EC) No 1347/2000 of 29 May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses is not applicable to divorce proceedings brought before the courts of a State before the latter became a Member State of the European Union.

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