Mrs. A. applies for a divorce. Pursuant to Art. 17 Brussels IIa, the Court shall examine its jurisdiction of its own motion. Mrs. A. has Belgian nationality while Mr. Ad. is Moroccan. The applicant is habitually resident in Belgium and resided there for at least six months immediately before the application was made. The Belgian courts have jurisdiction.
SHORT CRITIQUE
This is a correct application of the Brussels IIa Regulation, although we notice two things:
- The court does not examine whether the applicant is actually habitually resident in Belgium, but states is as a fact.
- The court does not expressly refer to the indent of art. 3(1)(a) on which it bases its jurisdiction.