EUPillar A. v. Ministère public et M. - Bruxelles, 25 April 2013

Summary

The parties were married in 2005 in Tanger, Morocco. In 2006, Mrs. A. came to Belgium, where Mr. B. was already residing. In 2008, an inquiry is opened for fraud (marriage of convenience). It appears the parties never actually resided at the same address. On 25 October and 10 November 2010, the public prosecutor brings an action in annulment of the marriage and serves the parties with a writ of summons for proceedings before the Brussels Court of First Instance. The parties fail to enter an appearance, and on 15 May 2012 the Court grants the annulment. Mrs. A. files an appeal against this judgment. The Court of Appeal declares it has jurisdiction pursuant to Art. 3(1)(a), first indent. The spouses are habitually resident in Belgium, even if it has not been proven they lived together. The applicable law is determined according to the provisions of the Belgian Code on Private International law. The formal validity requirements of the act of marriage are governed by Moroccan law, and the substantial requirements are governed by Moroccan law in the case of Mrs. A. and by Turkish law in the case of Mr. B. The Court of Appeal confirms the first judgment : the marriage is annulled. SHORT CRITIQUE The Court correctly applies the Brussels IIa Regulation. Art. 3(1)(a), first indent is applicable even if the parties do not live at the same address. It suffices that they reside in the same Member State.