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Case C-522/20: Judgment of the Court (Third Chamber) of 10 February 2022 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — OE v VY (Reference for a preliminary ruling — Validity — Judicial cooperation in civil matters — Jurisdiction to hear and determine an application for divorce — Article 18 TFEU — Regulation (EC) No 2201/2003 — Fifth and sixth indents of Article 3(1)(a) — Difference between the length of the residence period required for the purposes of determining which court has jurisdiction — Distinction between a resident who is a national of the Member State of the court before which the application is brought and a resident who is not a national of that Member State — No discrimination on grounds of nationality)
ECLI:EU:UNKNOWN:62020CA0522
62020CA0522
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4.4.2022
Official Journal of the European Union
C 148/5
(Case C-522/20) (<span class="oj-super oj-note-tag">1</span>)
(Reference for a preliminary ruling - Validity - Judicial cooperation in civil matters - Jurisdiction to hear and determine an application for divorce - Article 18 TFEU - Regulation (EC) No 2201/2003 - Fifth and sixth indents of Article 3(1)(a) - Difference between the length of the residence period required for the purposes of determining which court has jurisdiction - Distinction between a resident who is a national of the Member State of the court before which the application is brought and a resident who is not a national of that Member State - No discrimination on grounds of nationality)
(2022/C 148/07)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: OE
Defendant: VY
Operative part of the judgment
The principle of non-discrimination on grounds of nationality, enshrined in Article 18 TFEU, must be interpreted as not precluding a situation in which the jurisdiction of the courts of the Member State in the territory of which the habitual residence of the applicant is located, as provided for in the sixth indent of Article 3(1)(a) 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, is subject to the applicant being resident for a minimum period immediately before making his or her application which is six months shorter than that provided for in the fifth indent of Article 3(1)(a) of that regulation on the ground that the person concerned is a national of that Member State.
(<span class="oj-super">1</span>) OJ C 35, 1.2.2021.
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Language of the case: German