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Case C-249/19: Request for a preliminary ruling from the Tribunalul București (Romania) lodged on 25 March 2019 — JE v KF
ECLI:EU:UNKNOWN:62019CN0249
62019CN0249
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Valentina R., lawyer
17.6.2019
EN
Official Journal of the European Union
C 206/28
(Case C-249/19)
(2019/C 206/32)
Language of the case: Romanian
Referring court
Parties to the main proceedings
Appellant: JE
Rrespondent: KF
Question referred
On a proper construction of Article 10 of Regulation No 1259/2010, (1) under which ‘[w]here the law applicable pursuant to Article 5 or Article 8 makes no provision for divorce or does not grant one of the spouses equal access to divorce or legal separation on grounds of their sex, the law of the forum shall apply’, is the expression ‘the law applicable pursuant to Article 5 or Article 8 makes no provision for divorce’ to be interpreted in a strict, literal manner, that it is to say only in respect of a situation where the foreign law applicable makes no provision for any form of divorce, or (b) more broadly, as also including a situation where the foreign law applicable permits divorce, but does so in extremely limited circumstances, involving an obligatory legal separation procedure prior to divorce, in respect of which the law of the forum contains no equivalent procedural provisions?
(1) 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).