|
21.8.2023 |
EN |
Official Journal of the European Union |
C 296/12 |
Judgment of the Court (Fourth Chamber) of 6 July 2023 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — BM v LO
(Case C-462/22, (1) BM (Residence of the divorce applicant))
(Reference for a preliminary ruling - Jurisdiction, recognition and enforcement of judgments in matrimonial matters - Regulation (EC) No 2201/2003 - Sixth indent of Article 3(1)(a) - Forum actoris - Condition - Habitual residence of the applicant in the Member State of the court seised for the entire period immediately before the application was made)
(2023/C 296/13)
Language of the case: German
Referring court
Bundesgerichtshof
Parties to the main proceedings
Applicant: BM
Defendant: LO
Operative part of the judgment
The sixth indent of Article 3(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 that provision makes the jurisdiction of the court of a Member State to hear an application for the dissolution of matrimonial ties subject to the condition that the applicant, who is a national of that Member State, provides evidence that he or she has acquired a habitual residence in that Member State for at least six months immediately prior to the submission of his or her application.