PIL instrument(s)

Case number and/or case name

M.T. v. F.U. - Rb. Gent, 15 January 2015

Details of the court

Belgium, First Instance

Articles referred to by the court

Date of the judgement

31 December 2014

Appeal history

CJEU's case law cited by the court

Summary

(Decision by the Civil Court of First Instance of Ghent) Both parties were born in Rwanda and currently reside in Belgium. The claimant seeks the annulment of their marriage which was celebrated in Kimisagara, Rwanda, on 20 October 2012. Pursuant to Art. 17 Brussels II, the Court must determine its jurisdiction of its own motion. Pursuant to Art. 3 of the same regulation, jurisdiction shall lie with the Belgian courts since the spouses were last habitually resident in Belgium. SHORT CRITIQUE This is a correct application of the Brussels IIa Regulation, even if the Court does not say expressly on which indent of Art. 3(1)(a) its decision is based.