November 28
2021
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Emilija Berzanskaite
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25th November 2021
Justice & Litigation

Spouses can have only one place of habitual residence for jurisdiction purposes, Court of Justice rules

The Court of Justice ruled today in IB (Habitual residence of a spouse – Divorce) (C‑289/20) that under Article 3(1) (a) of the Brussels IIa Regulation 2201/2003 only one place of habitual residence can be recognized for a spouse when determining which courts are competent to rule on the divorce.   

The case concerns the refusal of an application for divorce filed by a Mr IB, a French citizen, before the French court, which rejected its own jurisdiction on the basis that the claimant’s habitual residence was in fact Ireland and not France. Mr IB appealed the order before the Court of Appeal of Paris (Cour d’Appel de Paris), which requested the Court of Justice to answer whether it is possible to acknowledge two different habitual

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