Request for a preliminary ruling from the Bundesgerichtshof (Germany), lodged on 29 January 2024 - DL v PQ

(Case C-61/24, Lindenbaumer)  (1)

(C/2024/2925)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Defendant and appellant in the appeal on a point of law: DL

Applicant and respondent in the appeal on a point of law: PQ

Question referred

Which criteria should be used to determine where the spouses are habitually resident within the meaning of Article 8(a) and (b) of the Rome III Regulation? (2) In particular:

—	does a posting as a diplomat affect or even preclude the assumption of habitual residence in the receiving State?

—	must the physical presence of the spouses in a State be of a certain duration before it can be assumed that habitual residence had been established there?

—	does the establishment of habitual residence require a certain degree of social and family integration in the State in question?

---

(1)  The present case is designated by a fictitious name which does not correspond to the actual name of a party to the proceedings.

(2)  Council Regulation (EU) No 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation (OJ 2010 L 343, p. 10).