PIL instrument(s)

Case number and/or case name

C. v. Ba. - Civ. Liège, 16 April 2013

Details of the court

Belgium, First Instance

Articles referred to by the court

Date of the judgement

15 April 2013

Appeal history

CJEU's case law cited by the court

Summary

The applicant seeks a divorce on the grounds that the parties have been separated for over a year. The applicant is a Belgian national and is habitually resident in Belgium. The nationality of the defendant has not been proven, but it is certain that he was born and resides in Turkey. The Court establishes its jurisdiction on the basis of Art. 3(1)(a), sixth indent of the Brussels IIa Regulation. The applicant submits a judgment of 18 October 2011 of the Court of First Instance of a city in Turkey, which enacts the divorce between the parties by mutual agreement. The Court recognises the Turkish judgment on the basis of the provisions of the Belgian Code of International Law. Therefore, the divorce proceedings brought before the Belgian courts are inadmissible. SHORT CRITIQUE The Court correctly applies the Brussels IIa Regulation.