26.1.2015

Official Journal of the European Union

C 26/10

(Case C-489/14)

(2015/C 026/13)

Language of the case: English

Referring court

Parties to the main proceedings

Applicant: A

Defendant: B

Questions referred

1.a) the applicant, in the proceedings in the court first seised (‘the first proceedings’), takes virtually no steps in the first proceedings beyond the first court appointment, and in particular does not issue a Petition (Assignation) within the time limit for the expiry of the Request (Requête), with the result that the first proceedings expire undetermined by effluxion of time and in accordance with the local (French) law of the first proceedings, namely 30 months after the first directions appointment;

2.b) the first proceedings expire as above very shortly (3 days) after the proceedings in the court second seised (‘the second proceedings’) are issued in England, with the result that there is no judgment in France nor any danger of irreconcilable judgments between the first proceedings and the second proceedings; and

3.c) by virtue of the United Kingdom's time zone the applicant in the first proceedings would, following the lapse of the first proceedings, always be able to issue divorce proceedings in France before the applicant could issue divorce proceedings in England?

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 L 338, p. 1