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Case C-372/16: Judgment of the Court (First Chamber) of 20 December 2017 (request for a preliminary ruling from the Oberlandesgericht München — Germany) — Soha Sahyouni v Raja Mamisch (Reference for a preliminary ruling — Area of freedom, security and justice — Regulation (EU) No 1259/2010 — Enhanced cooperation in the area of the law applicable to divorce and legal separation — Recognition of a private divorce obtained before a religious court in a third country — Scope of that regulation)

ECLI:EU:UNKNOWN:62016CA0372

62016CA0372

December 20, 2017
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26.2.2018

Official Journal of the European Union

C 72/16

(Case C-372/16) (<a id="ntc1-C_2018072EN.01001602-E0001" href="#ntr1-C_2018072EN.01001602-E0001"> (<span class="super note-tag">1</span>)</a>

((Reference for a preliminary ruling - Area of freedom, security and justice - Regulation (EU) No 1259/2010 - Enhanced cooperation in the area of the law applicable to divorce and legal separation - Recognition of a private divorce obtained before a religious court in a third country - Scope of that regulation))

(2018/C 072/21)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Soha Sahyouni

Defendant: Raja Mamisch

Operative part of the judgment

Article 1 of 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 must be interpreted as meaning that a divorce resulting from a unilateral declaration made by one of the spouses before a religious court, such as that at issue in the main proceedings, does not come within the substantive scope of that regulation.

* Language of the case: German.

(2018/C 072/21)

* * *

(<span class="super note-tag">1</span>) <a href="./../../../../legal-content/EN/AUTO/?uri=OJ:C:2016:343:TOC">OJ C 343, 19.9.2016</a>.

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