A. A. A. v. General Prosecutor and I. O. - Gent, 11 June 2015
Details of the court
Belgium, Second Instance
Articles referred to by the court
Brussels IIa
Article 1
Paragraph 1
SubParagraph a
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
Date of the judgement
10 June 2015
Appeal history
None
CJEU's case law cited by the court
None
Summary
In first instance, the Court of First Instance of Dendermonde said the marriage between A. and I. was null and void. A. lodged an appeal. The marriage was celebrated on 26 October 2006 in Nigeria. At the time of the marriage, A. and I. had Nigerian nationality. In the meantime, I. has acquired Belgian nationality. I. currently resides in the UK. A. resides in Belgium. The Belgian courts have jurisdiction on the basis of Arts. 1(1)(a) and 3(1)(a). The Court of Appeal decides that it was a marriage of convenience and confirms the decision of the first judge.
Short critique
The Court of Appeal refers to Art. 1(1)(a) Brussels IIbis, because it confirms that matters relating to marriage annulment also fall within the scope of the Regulation. The Court withholds jurisdiction on the basis of Art. 3(1)(a), but it does not say which indent. It appears from the facts of the case that the parties briefly resided in Belgium after their marriage, and that A. still resides there (cf. second indent). He has been living in Belgium for several years now (cf. fifth indent).