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D.L. v. P.Q., Case C-61/24, CJEU (Third Section), 20 March 2025

Date
20/03/2025
Type Judgment
Case number C-61/24
Link

Thematic areas

Country

Abstract

Determination of the habitual residences of the spouses pursuant to Article 8 lett. a) and b) of the (EU) Regulation No. 1259/2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation (Rome III).

Normative references

Regulation (EU) No. 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation

Regulation (EC) No. 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility

Ruling

1. The notion of habitual residence as interpreted in Reg. (EC) No. 2201/2003 (Brussels II a, as well as Reg. (EU) 2019/1111, Brussels II b) – based on residence with a sufficient degree of stability and on the intention to establish the habitual centre of the interests of a person in a particular place – is aligned with the objectives of Reg. (EU) No. 1259/2010 (Rome III) and can be applied within the latter.

2. In determining the habitual residence of the spouses under Article 8 Rome III Regulation, in cases where one of the spouses is a diplomatic agent accredited to a foreign State, it shall be taken into account the duration of the stay, the degree of social and family integration of the spouses in the receiving state as well as the fact that the stay of a diplomatic agent in the territory of the receiving State is not determined by the agent's will, but by that of the sending State. However, none of these elements is per se decisive for the determination habitual residence.