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Case C-68/07: Judgment of the Court (Third Chamber) of 29 November 2007 (reference for a preliminary ruling from the Högsta domstolen — Sweden) — Kerstin Sundelind Lopez v Miguel Enrique Lopez Lizazo (Regulation (EC) No 2201/2003 — Articles 3, 6 and 7 — Jurisdiction — Recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility — Jurisdiction in divorce proceedings — Respondent not a national or a resident of a Member State — National rules providing for exorbitant jurisdiction)
ECLI:EU:UNKNOWN:62007CA0068
62007CA0068
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Official Journal of the European Union
(Case C-68/07)
(Regulation (EC) No 2201/2003 - Articles 3, 6 and 7 - Jurisdiction - Recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility - Jurisdiction in divorce proceedings - Respondent not a national or a resident of a Member State - National rules providing for exorbitant jurisdiction)
(2008/C 22/29)
Language of the case: Swedish
Referring court
Parties to the main proceedings
Applicant: Kerstin Sundelind Lopez
Defendant: Miguel Enrique Lopez Lizazo
Re:
Reference for a preliminary ruling — Högsta domstolen — Interpretation of Articles 3, 6 and 7 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 (OJ 2003 L 338, p. 1) — Jurisdiction for divorce proceedings where the respondent is neither resident within a Member State nor a citizen of a Member State
Operative part of the judgment
Articles 6 and 7 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, as amended by Council Regulation (EC) No 2116/2004 of 2 December 2004, as regards treaties with the Holy See, are to be interpreted as meaning that where, in divorce proceedings, a respondent is not habitually resident in a Member State and is not a national of a Member State, the courts of a Member State cannot base their jurisdiction to hear the petition on their national law, if the courts of another Member State have jurisdiction under Article 3 of that regulation.
* * *
Language of the case: Swedish.
ECLI:EU:C:2007:082
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