PIL instrument(s)
Brussels IIa
Case number and/or case name
III C 969/09 (SO w Lublinie)
Details of the court
Poland, First Instance
Articles referred to by the court
Brussels IIa
Article 3
Paragraph 1 SubParagraph a Indent 1
Paragraph 1 SubParagraph a Indent 2
Paragraph 1 SubParagraph a Indent 3
Paragraph 1 SubParagraph a Indent 4
Paragraph 1 SubParagraph a Indent 5
Paragraph 1 SubParagraph a Indent 6
Paragraph 1 SubParagraph b
Article 6
Paragraph a
Paragraph b
Date of the judgement
10 May 2009
Appeal history
None
CJEU's case law cited by the court
None
Summary
In the current case, both parties are of Polish nationality and have lived in the UK since 2008. The Plaintiff, the husband, filed an application for divorce. The Polish court stated that in the light of the provisions of the Brussels II bis Regulation, the term ‘habitual residence’ shall mean the place where the ordinary interests are centred, the place which constitutes the main centre of personal relationships. Consequently, the Polish court stated that, despite the fact that both parties are Polish, the court of the United Kingdom shall have jurisdiction.

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