A (Judgment): ECJ 6 Oct 2015

Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility – Regulation (EC) No 2201/2003 – Lis pendens – Articles 16 and 19(1) and (3) – Judicial separation proceedings in a first Member State and divorce proceedings in a second Member State – Jurisdiction of the court first seised – Concept of ‘established’ jurisdiction – Lapse of the first proceedings and commencement of fresh divorce proceedings in the first Member State – Consequences – Time difference between the Member States – Effects on the procedure for seising the courts

Citations:

C-489/14, [2015] EUECJ C-489/14, [2016] 3 WLR 607, [2016] Fam 345, [2016] ILPr 10, [2016] 1 FCR 303, [2015] Fam Law 1466, [2016] 1 FLR 31, [2015] WLR(D) 397, ECLI:EU:C:2015:654

Links:

Bailii, WLRD

Statutes:

Council Regulation (EC) No 2201/2003

Jurisdiction:

European

Family, European

Updated: 18 August 2022; Ref: scu.553085