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Case C-289/20: Judgment of the Court (Third Chamber) of 25 November 2021 (request for a preliminary ruling from the Cour d’appel de Paris — France) — IB v FA (Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 2201/2003 — Jurisdiction to hear divorce applications — Article 3(1)(a) — ‘Habitual residence’ of an applicant)
ECLI:EU:UNKNOWN:62020CA0289
62020CA0289
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31.1.2022
Official Journal of the European Union
C 51/10
(Case C-289/20)
(Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EC) No 2201/2003 - Jurisdiction to hear divorce applications - Article 3(1)(a) - ‘Habitual residence’ of an applicant)
(2022/C 51/12)
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: IB
Defendant: FA
Operative part of the judgment
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, must be interpreted as meaning that a spouse who divides his or her time between two Member States may have his or her habitual residence in only one of those Member States, with the result that only the courts of the Member State in which that habitual residence is situated have jurisdiction to rule on the application for the dissolution of matrimonial ties.
(1) OJ C 297, 7.9.2020.