PIL instrument(s)

Case number and/or case name

K. v. H. - Civ. Bruxelles, 9 November 2007

Details of the court

Belgium, First Instance

Articles referred to by the court

Date of the judgement

08 November 2007

Appeal history

CJEU's case law cited by the court

Summary

Mrs. K. applies for a divorce. Pursuant to Art. 17 Brussels IIa, the Court shall examine its jurisdiction of its own motion. The spouses both have Belgian nationality. The respondent is habitually resident in Belgium so that the Belgian courts have jurisdiction. SHORT CRITIQUE The court refers to the habitual residence of the respondent even though that is not necessary . The court bases its jurisdiction on the nationality of the parties pursuant to Art. 3(1)(b) Brussels IIa.