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12.12.2016 |
EN |
Official Journal of the European Union |
C 462/6 |
Judgment of the Court (Second Chamber) of 13 October 2016 (request for a preliminary ruling from the Sąd Apelacyjny w Warszawie — Poland) — Edyta Mikołajczyk v Marie Louise Czarnecka, Stefan Czarnecki
(Case C-294/15) (1)
((Reference for a preliminary ruling - Judicial cooperation in civil matters - Jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility - Regulation (EC) No 2201/2003 - Article 1(1)(a) - Material scope - Action for annulment of marriage brought by a third party after the death of one of the spouses - Article 3(1) - Jurisdiction of the courts of the Member State of residence of the ‘applicant’ - Scope))
(2016/C 462/09)
Language of the case: Polish
Referring court
Sąd Apelacyjny w Warszawie
Parties to the main proceedings
Applicant: Edyta Mikołajczyk
Defendants: Marie Louise Czarnecka, Stefan Czarnecki
Operative part of the judgment
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1. |
Article 1(1)(a) of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000, must be interpreted as meaning that an action for annulment of marriage brought by a third party following the death of one of the spouses falls within the scope of Regulation No 2201/2003. |
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2. |
The fifth and sixth indents of Article 3(1)(a) of Regulation No 2201/2003 must be interpreted as meaning that a person other than one of the spouses who brings an action for annulment of marriage may not rely on the grounds of jurisdiction set out in those provisions. |