23.10.2010

Official Journal of the European Union

C 288/15

(Case C-312/09) (<span class="oj-super oj-note-tag">1</span>)

(Article 104(3), second paragraph of the Rules of Procedure - Regulation (EC) No 1347/2000 - Articles 2, 42 and 46 - Judicial cooperation in civil matters - Jurisdiction in matrimonial matters - Accession of a State to the European Union - Divorce proceedings commenced before accession - Temporal scope of Regulation (EC) No 1347/2000)

(2010/C 288/23)

Language of the case: Greek

Referring court

Parties to the main proceedings

Applicant: Giorgos Michalias

Defendant: Christina A. Ioannou-Michalia

Re:

Reference for a preliminary ruling — Anotato Diastirio Kyprou — Jurisdiction of the courts of a Member State (Cyprus) to interpret and apply Articles 2(1), 42 and 46 of Council Regulation (EC) No 1347/2000 of 29 May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses (OJ 2000 L 160, p. 19) — Divorce proceedings commenced by the husband before the courts of Cyprus after the entry into force of the regulation but before Cyprus became a Member State — Divorce proceedings begun by the wife after 1 May 2004 before the courts of another Member State (United Kingdom) which was a Member State throughout the relevant period — Both spouses being Cypriot nationals but having their permanent residence in the United Kingdom.

Operative part

Council Regulation (EC) No 1347/2000 of 29 May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses is not applicable to divorce proceedings brought before the courts of a State before the latter became a Member State of the European Union.

(<span class="oj-super">1</span>) OJ C 244 of 10.10.2009.