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Case C-646/20: Judgment of the Court (Grand Chamber) of 15 November 2022 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Senatsverwaltung für Inneres und Sport, Standesamtsaufsicht v TB (Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility — Divorce — Regulation (EC) No 2201/2003 — Article 2(4) and Article 21 — Concept of ‘judgment’ — Recognition, in a Member State, of the dissolution of a marriage agreed in an agreement between spouses and pronounced by a civil registrar of another Member State — Criterion for determining the existence of a ‘judgment’)
ECLI:EU:UNKNOWN:62020CA0646
62020CA0646
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16.1.2023
Official Journal of the European Union
C 15/10
(Case C-646/20) (1)
(Reference for a preliminary ruling - Judicial cooperation in civil matters - Jurisdiction and the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility - Divorce - Regulation (EC) No 2201/2003 - Article 2(4) and Article 21 - Concept of ‘judgment’ - Recognition, in a Member State, of the dissolution of a marriage agreed in an agreement between spouses and pronounced by a civil registrar of another Member State - Criterion for determining the existence of a ‘judgment’)
(2023/C 15/09)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Senatsverwaltung für Inneres und Sport, Standesamtsaufsicht
Defendant: TB
Intervening parties: Standesamt Mitte von Berlin, RD
Operative part of the judgment
Article 2(4) 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, in particular for the purpose of the application of Article 21(1) of that regulation, as meaning that a divorce decree drawn up by a civil registrar of the Member State of origin, containing a divorce agreement concluded by the spouses and confirmed by them before that registrar in accordance with the conditions laid down by the legislation of that Member State, constitutes a ‘judgment’ within the meaning of Article 2(4).
(1) OJ C 44, 8.2.2021.