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Case C-67/17: Request for a preliminary ruling from the Rayonen sad — Varna (Bulgaria), lodged on 7 February 2017 — Todor Iliev v Blagovesta Ilieva

ECLI:EU:UNKNOWN:62017CN0067

62017CN0067

February 7, 2017
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10.4.2017

Official Journal of the European Union

C 112/30

(Case C-67/17)

(2017/C 112/39)

Language of the case: Bulgarian

Referring court

Parties to the main proceedings

Applicant: Todor Iliev

Defendant: Blagovesta Ilieva

Questions referred

1.Does an action between former spouses on the division of movable property acquired during the marriage as joint property of the spouses constitute a legal dispute relating to rights in property arising out of a matrimonial relationship within the meaning of Article 1(2)(a) of Regulation No 44/2001 (1)?

2.Is a dispute concerning the division of a movable property acquired during the marriage, but registered with the competent national authorities only in the name of one of the spouses, excluded from its scope under Article 1(2)(a) of Regulation No 44/2001?

3.Which court has jurisdiction over a dispute between former spouses on the ownership of immovable property acquired during their civil marriage, when the spouses are nationals of an EU Member State, but it has been established in the proceedings that at the time of entering the marriage, acquisition of the property, ending the marriage and the application for division of the property after the marriage had ended, they had their place of residence in another Member State?

Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1).

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