Case number and/or case name
O. v. D. - Civ. Bruxelles, 12 mars 2013
Details of the court
Belgium, First Instance
Articles referred to by the court
Brussels IIa
Article 3
Paragraph 1
SubParagraph a
Indent 6
Date of the judgement
11 March 2013
CJEU's case law cited by the court
Summary
(Decision by the Brussels Civil Court of First Instance)
The parties are Belgian nationals. Mr. O., the applicant, habitually resides in Belgium. Mrs. D., the defendant, habitually resides in France.
The Court examines its jurisdiction of its own motion pursuant to Art. 17 Brussels IIa Regulation. The Belgian courts have jurisdiction since Mr. O. is a Belgian national and is habitually resident in Belgium for at least six months immediately before the application was made.
Belgian law is applicable pursuant to Art. 8(c) of the Rome III Regulation.
SHORT CRITIQUE
This is a straightforward and correct application of Brussels IIa.