PIL instrument(s)

Case number and/or case name

B.H. v K.M. - 05/1410/C - Civ. (réf.) Bruxelles, 25 January 2007

Details of the court

Belgium, First Instance

Articles referred to by the court

Date of the judgement

24 January 2007

Appeal history

CJEU's case law cited by the court

Summary

The parties have Moroccan nationality. They are both resident in Belgium. The wife requests provisional measures in divorce proceedings, namely the permission to reside separately. She also requests exclusive parental authority and maintenance for herself and for the child. The Court considers its jurisdiction over the request for separate residences. This matter does not fall within the scope of Regulation 44/2001 (see Art. 1), nor of Regulation 2201/2003 (cf. Recital 8) and the Court examines its jurisdiction on the basis of Art. 42 of the Belgian Code of Private International Law. Concerning parental responsibility and custody, the Court has jurisdiction based on Art. 8 Brussels IIbis, because the child’s habitual residence is in Belgium. Concerning maintenance, the Court also finds that this matter falls outside the scope of Brussels IIbis (cf. Art. 1(3)(e)). The Court therefore applies Art. 5(2) of Regulation 44/2001 and finds that it has jurisdiction. Short critique: the Court correctly applies the Regulations.